Legislative Committee – January 24, 2022
Ballot Initiative: Provides That Local Land-Use and Zoning Laws Override Conflicting State Laws
1 Recommendation
Legislative Committee discuss and provide direction to staff.
Summary
This ballot initiative is a constitutional amendment to allow for city and county land-use and zoning laws to supersede all conflicting state laws, except in certain circumstances, as explicitly included in the ballot initiative.
Background
On November 1, 2021, the Attorney General issued the official title and summary for the proposed initiative, which is attached to this report. Proponents of the initiative, which include Redondo Beach Mayor Bill Brand, Yorba Linda Councilmember Peggy Huang, and Brentwood Councilmember Jovita Mendoza, have until May 1, 2022, to collect approximately 997,139 signatures to qualify for the November 8, 2022, General Election ballot.
The proposed initiative amends the state constitution to authorize city and county land-use and zoning laws to supersede all conflicting state laws, except in certain circumstances related to the following three areas: (1) the California Coastal Act of 1976, (2) siting of power plants, or (3) development of water, communication, or transportation infrastructure projects.
There have been several pieces of legislation recently passed by the state legislature and signed by the Governor weakening local land use authority and zoning. In an effort to preserve local discretion in the planning, zoning, and review of residential developments, the Santa Clarita City Council opposed many bills proposing to preempt local land use authority, including Senate Bill 35 (Chapter 368, Statutes of 2017), which preempts a local governments ability to issue a conditional use permit on specific multifamily residential developments; Assembly Bill 68 (Chapter 655, Statutes of 2019), which prohibits local governments from requiring parking, minimum lot size, and minimum floor area ratio on accessory dwelling unit conversions; and Senate Bill 9 (Chapter 162, Statutes of 2021), which requires local governments to ministerially approve urban lot splits and two-unit residential developments for parcels zoned for single- family uses.
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Communication: BALLOT INITIATIVE: PROVIDES THAT LOCAL LAND-USE AND ZONING LAWS OVERRIDE CONFLICTING STATE LAWS (ITEM 2 The League of California Cities Board of Directors voted unanimously, with one abstention, on December 2, 2021, to take no position on the initiative, citing concerns that the initiative is too broad and is likely to result in litigation, if approved by voters. However, the Southern California Association of Governments (SCAG) Regional Council voted to support the initiative (32-12-3) on January 6, 2022. Councilwoman McLean, serving on the Regional Council representing District 67, voted to support the initiative.
Supporting the proposed ballot initiative is consistent with the City of Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.” Packet Pg. 6
Communication: BALLOT INITIATIVE: PROVIDES THAT LOCAL LAND-USE AND ZONING LAWS OVERRIDE CONFLICTING STATE LAWS (ITEM
Legislative Committee – January 24, 2022
Local School District Efforts in Urging Governor Newsom to Reconsider or Rescind the COVID-19 Vaccine Mandate For K-12th Grade Students as a Condition of In-Person Learning
1 Recommendation
Legislative Committee discuss and provide direction to staff.
Summary
As directed by the City Council at the December 14, 2021, regular meeting, this item is to review, and consider recommending the City Council support, efforts made by local school districts in urging the Governor’s Office to reconsider or rescind the statewide COVID-19 vaccine mandate for K-12th grade students as a condition of in-person learning.
Background
On October 1, 2021, Governor Newsom announced that K-12th grade students will be required to be vaccinated against COVID-19 as a condition for attending in-person learning in California.
This mandate is proposed to go into effect the semester following full approval of a COVID-19 vaccine for applicable age groups by the United States Food and Drug Administration (FDA).
The Governor’s mandate allows exemptions in the areas of medical conditions, religious beliefs, or personal beliefs; however, the mandate does not define a criteria for obtaining an exemption.
It is likely that the state legislature will look to amending state vaccine laws to include exemption criteria related to the Governor’s COVID-19 vaccine mandate for school-age youth. At the development of this report, school districts across the state have not been given guidance or criteria for gathering those exemptions and are waiting on further direction from the state.
The Governor’s Office expects the FDA to fully approve a COVID-19 vaccine for youth that are age 12 and over, by Spring 2022, and therefore, it is anticipated that the vaccine mandate will apply to grades 7-12 beginning on July 1, 2022.
Governing boards of local school districts have adopted resolutions requesting the Governor to reconsider or rescind the COVID-19 vaccine mandate for K-12th grade students as a condition of in-person learning, including the William S. Hart Union High School District, Newhall School District, and Sulphur Springs Union School District.
City staff contacted the superintendents of the three aforementioned school districts and all three superintendents expressed support for the City to support their efforts with regard to this issue.
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Communication: LOCAL SCHOOL DISTRICT EFFORTS IN URGING GOVERNOR NEWSOM TO RECONSIDER OR RESCIND THE COVID-19
Legislative Committee – January 24, 2022
Assembly Bill 916 – Zoning: Accessory Dwelling Units: Bedroom Addition 1 Recommendation
Legislative Committee recommend the City Council adopt an “oppose” position regarding Assembly Bill 916.
Summary
Authored by Assembly Member Rudy Salas (D-32-Bakersfield), Assembly Bill 916 preempts local land use authority related to accessory dwelling units (ADU).
Background
For the purpose of this staff summary, as defined in Section 65852.22 of the Government Code:
• An ADU is an attached or detached residential dwelling unit which provides complete independent living facilities on the same parcel as a single-family or multi-family dwelling.
The initial state law requiring local agencies to provide by ordinance for the creation of ADUs took effect on January 1, 2017. Prior to this law, ADU permits were under the full discretion of local governments. The original intent of the ADU state law was to implement standards and ensure uniformity throughout the state on the issuance of ADU’s by local governments.
Several bills proposing to preempt local discretion and authority in regulating the review of ADU applications were introduced during the 2019-20 state legislative session. Of those bills introduced, various pieces of legislation were approved by the legislature and signed into law by the Governor, including preemptions to local authority regarding parking, lot size, and approval processes of ADU’s.
Analysis
Assembly Bill 916, as amended on January 3, 2022:
1. Prohibits local governments from adopting or enforcing an ordinance requiring a public hearing, as a condition of approving a project that adds space for additional bedrooms or reconfigures existing space to increase the bedroom count within an existing house, condominium, or apartment.
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Communication: ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS)
2 2. Increases, from 16 feet to 18 feet, the maximum height of an ADU that a local government must approve if the project is located on a parcel that an existing multifamily and multistory dwelling.
The City recognizes the importance of land use planning and development of housing to meet the growth and needs of the community. Since the state ADU law took effect, the City has issued approximately 236 ADU permits (21 in 2017, 38 in 2018, 42 in 2019, 70 in 2020, and 65 in 2021).
This bill weakens local land use authority related to ADUs and more specifically, preempts the City’s ability to properly review projects that add bedrooms to existing dwellings. Furthermore, this bill would adversely impact the City’s ability to impose reasonable ADU requirements and/or conditions that take into consideration the City’s residential character and local unique circumstances.
The Santa Clarita City Council has opposed similar bills, including Assembly Bill 68, Chapter 655, Statutes of 2019; Assembly Bill 953; and Senate Bill 13, Chapter 653, Statutes of 2019, based on the recommendation of the City Council’s Legislative Committee.
The recommendation to oppose Assembly Bill 916 is consistent with the City of Santa Clarita’s 2022 Executive and Legislative Platform. Specifically, component 1 under the “State” section of advises that the City Council, “Oppose legislation that would interfere with, limit or eliminate the decision-making authority of municipalities in the area of local land use.”
Supporters
The California Rental Housing Association (Sponsor)
California YIMBY
Opponents
None on File
Bill Status
Assembly Bill 916 was unanimously approved by two policy committees in the Assembly, including the Assembly Committee on Local Government, on January 12, 2022. Assembly Member Tom Lackey (R-36-Palmdale) voted in support of the bill, as a member of the Assembly Committee on Local Government. This bill unanimously passed the Assembly Committee on Appropriations on January 20, 2022, and was ordered to the Consent Calendar.
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Communication: ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) AMENDED IN ASSEMBLY JANUARY 3, 2022
AMENDED IN ASSEMBLY APRIL 6, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 916
Introduced by Assembly Member Salas Members Salas and
Quirk-Silva
February 17, 2021
An act to amend Section 65852.2 of, and to add Section 65850.02 to, the Government Code, relating to housing.
legislative counsel’s digest
AB 916, as amended, Salas. Zoning: accessory dwelling units:
bedroom addition.
The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that re gulate the use of b uildings, structures, and land as between industry , business, residences, open space, and other purposes.
This bill w ould prohibit a city or county le gislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal af fair, and that the pro vision applies to all cities, including charter cities.
The Planning and Zoning La w also authorizes a local agenc y, by ordinance or ministerial appro val, to pro vide for the creation of accessory dwelling units in areas zoned for residential use, as specified.
Revised 1-12-22—See last page. 97
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements and height limitations a local agenc y may establish, including a 16-feet height limitation.
Existing law provides that a local agenc y shall ministerially appro ve an application for a b uilding permit within a residential or mix ed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet, among other requirements.
This bill would instead authorize a local agency to establish a height limitation of 18 feet for those accessory dwelling units located on a lot that has an existing multifamily and multistory dwelling. The bill would specify that a local agenc y shall ministerially appro ve an application for a building permit within a residential or mix ed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an e xisting multif amily dwelling, b ut are detached from that multifamily dwelling and are subject to a height limitation of 18 feet, and that those accessory dwelling units may be attached to each other. feet.
By imposing additional duties on local officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65850.02 is added to the Government line 2 Code, immediately following Section 65850.01, to read:
line 3 65850.02. (a) Notwithstanding any other law, with respect to line 4 land zoned for residential use, the le gislative body of a city or line 5 county shall not adopt or enforce an ordinance requiring a public line 6 hearing as a condition of adding space for additional bedrooms or line 7 reconfiguring existing space to increase the bedroom count within line 8 an existing house, condominium, apartment, or dwelling. 97 — 2 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (b) The Legislature finds and declares that ensuring adequate line 2 housing is a matter of state wide concern and is not a municipal line 3 affair, as that term is used in Section 5 of Article IX of the line 4 California Constitution. Therefore, this section applies to all cities, line 5 including charter cities.
line 6 SEC. 2. Section 65852.2 of the Government Code, as amended line 7 by Section 3.5 of Chapter 198 of the Statutes of 2020, is amended line 8 to read:
line 9 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 10 for the creation of accessory dwelling units in areas zoned to allow line 11 single-family or multif amily dwelling residential use. The line 12 ordinance shall do all of the following:
line 13 (A) Designate areas within the jurisdiction of the local agency line 14 where accessory dwelling units may be permitted. The designation line 15 of areas may be based on the adequacy of water and sewer services line 16 and the impact of accessory dwelling units on traffic flo w and line 17 public safety. A local agency that does not provide water or sewer line 18 services shall consult with the local water or sewer service provider line 19 regarding the adequac y of w ater and se wer services before line 20 designating an area where accessory dwelling units may be line 21 permitted.
line 22 (B) (i) Impose standards on accessory dwelling units that line 23 include, but are not limited to, parking, height, setback, landscape, line 24 architectural review, maximum size of a unit, and standards that line 25 prevent adverse impacts on any real property that is listed in the line 26 California Register of Historic Resources. These standards shall line 27 not include requirements on minimum lot size.
line 28 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 29 eliminate parking requirements for an y accessory dwelling unit line 30 located within its jurisdiction.
line 31 (C) Provide that accessory dwelling units do not e xceed the line 32 allowable density for the lot upon which the accessory dwelling line 33 unit is located, and that accessory dwelling units are a residential line 34 use that is consistent with the e xisting general plan and zoning line 35 designation for the lot.
line 36 (D) Require the accessory dwelling units to comply with all of line 37 the following:
line 38 (i) The accessory dwelling unit may be rented separate from line 39 the primary residence, but may not be sold or otherwise conveyed line 40 separate from the primary residence.
97 AB 916 — 3 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (ii) The lot is zoned to allo w single-f amily or multif amily line 2 dwelling residential use and includes a proposed or e xisting line 3 dwelling.
line 4 (iii) The accessory dwelling unit is either attached to, or located line 5 within, the proposed or e xisting primary dwelling, including line 6 attached garages, storage areas or similar uses, or an accessory line 7 structure is detached from the proposed or e xisting primary line 8 dwelling and located on the same lot as the proposed or e xisting line 9 primary dwelling.
line 10 (iv) If there is an existing primary dwelling, the total floor area line 11 of an attached accessory dwelling unit shall not exceed 50 percent line 12 of the existing primary dwelling.
line 13 (v) The total floor area for a detached accessory dwelling unit line 14 shall not exceed 1,200 square feet.
line 15 (vi) No passageway shall be required in conjunction with the line 16 construction of an accessory dwelling unit.
line 17 (vii) No setback shall be required for an existing living area or line 18 accessory structure or a structure constructed in the same location line 19 and to the same dimensions as an e xisting structure that is line 20 converted to an accessory dwelling unit or to a portion of an line 21 accessory dwelling unit, and a setback of no more than four feet line 22 from the side and rear lot lines shall be required for an accessory line 23 dwelling unit that is not converted from an existing structure or a line 24 new structure constructed in the same location and to the same line 25 dimensions as an existing structure.
line 26 (viii) Local building code requirements that apply to detached line 27 dwellings, as appropriate.
line 28 (ix) Approval by the local health officer where a private sewage line 29 disposal system is being used, if required.
line 30 (x) (I) Parking requirements for accessory dwelling units shall line 31 not exceed one parking space per accessory dwelling unit or per line 32 bedroom, whiche ver is less. These spaces may be pro vided as line 33 tandem parking on a driveway.
line 34 (II) Offstreet parking shall be permitted in setback areas in line 35 locations determined by the local agenc y or through tandem line 36 parking, unless specific findings are made that parking in setback line 37 areas or tandem parking is not feasible based upon specific site or line 38 regional topographical or fire and life safety conditions. line 39 (III) This clause shall not apply to an accessory dwelling unit line 40 that is described in subdivision (d).
97 — 4 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (xi) When a g arage, carport, or co vered parking structure is line 2 demolished in conjunction with the construction of an accessory line 3 dwelling unit or converted to an accessory dwelling unit, the local line 4 agency shall not require that those of fstreet parking spaces be line 5 replaced.
line 6 (xii) Accessory dwelling units shall not be required to provide line 7 fire sprinklers if they are not required for the primary residence. line 8 (2) The ordinance shall not be considered in the application of line 9 any local ordinance, policy, or program to limit residential growth. line 10 (3) A permit application for an accessory dwelling unit or a line 11 junior accessory dwelling unit shall be considered and appro ved line 12 ministerially without discretionary re view or a hearing, line 13 notwithstanding Section 65901 or 65906 or an y local ordinance line 14 regulating the issuance of v ariances or special use permits. The line 15 permitting agency shall act on the application to create an accessory line 16 dwelling unit or a junior accessory dwelling unit within 60 days line 17 from the date the local agency receives a completed application if line 18 there is an existing single-family or multifamily dwelling on the line 19 lot. If the permit application to create an accessory dwelling unit line 20 or a junior accessory dwelling unit is submitted with a permit line 21 application to create a new single-family dwelling on the lot, the line 22 permitting agency may delay acting on the permit application for line 23 the accessory dwelling unit or the junior accessory dwelling unit line 24 until the permitting agency acts on the permit application to create line 25 the new single-family dwelling, but the application to create the line 26 accessory dwelling unit or junior accessory dwelling unit shall be line 27 considered without discretionary review or hearing. If the applicant line 28 requests a delay , the 60-day time period shall be tolled for the line 29 period of the delay . If the local agenc y has not acted upon the line 30 completed application within 60 days, the application shall be line 31 deemed approved. A local agency may charge a fee to reimburse line 32 it for costs incurred to implement this paragraph, including the line 33 costs of adopting or amending any ordinance that provides for the line 34 creation of an accessory dwelling unit.
line 35 (4) An existing ordinance governing the creation of an accessory line 36 dwelling unit by a local agency or an accessory dwelling ordinance line 37 adopted by a local agency shall provide an approval process that line 38 includes only ministerial provisions for the approval of accessory line 39 dwelling units and shall not include an y discretionary processes, line 40 provisions, or requirements for those units, e xcept as otherwise 97 AB 916 — 5 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 provided in this subdi vision. If a local agenc y has an e xisting line 2 accessory dwelling unit ordinance that f ails to meet the line 3 requirements of this subdivision, that ordinance shall be null and line 4 void and that agency shall thereafter apply the standards established line 5 in this subdi vision for the appro val of accessory dwelling units, line 6 unless and until the agency adopts an ordinance that complies with line 7 this section.
line 8 (5) No other local ordinance, policy, or regulation shall be the line 9 basis for the delay or denial of a b uilding permit or a use permit line 10 under this subdivision.
line 11 (6) This subdivision establishes the maximum standards that line 12 local agencies shall use to evaluate a proposed accessory dwelling line 13 unit on a lot that includes a proposed or e xisting single-family line 14 dwelling. No additional standards, other than those pro vided in line 15 this subdi vision, shall be used or imposed, including an y line 16 owner-occupant requirement, e xcept that a local agenc y may line 17 require that the property be used for rentals of terms longer than line 18 30 days.
line 19 (7) A local agency may amend its zoning ordinance or general line 20 plan to incorporate the policies, procedures, or other pro visions line 21 applicable to the creation of an accessory dwelling unit if these line 22 provisions are consistent with the limitations of this subdivision. line 23 (8) An accessory dwelling unit that conforms to this subdivision line 24 shall be deemed to be an accessory use or an accessory b uilding line 25 and shall not be considered to exceed the allowable density for the line 26 lot upon which it is located, and shall be deemed to be a residential line 27 use that is consistent with the e xisting general plan and zoning line 28 designations for the lot. The accessory dwelling unit shall not be line 29 considered in the application of an y local ordinance, polic y, or line 30 program to limit residential growth.
line 31 (b) When a local agenc y that has not adopted an ordinance line 32 governing accessory dwelling units in accordance with subdivision line 33 (a) recei ves an application for a permit to create an accessory line 34 dwelling unit pursuant to this subdi vision, the local agency shall line 35 approve or disappro ve the application ministerially without line 36 discretionary review pursuant to subdi vision (a). The permitting line 37 agency shall act on the application to create an accessory dwelling line 38 unit or a junior accessory dwelling unit within 60 days from the line 39 date the local agency receives a completed application if there is line 40 an existing single-family or multifamily dwelling on the lot. If the 97 — 6 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 permit application to create an accessory dwelling unit or a junior line 2 accessory dwelling unit is submitted with a permit application to line 3 create a ne w single-f amily dwelling on the lot, the permitting line 4 agency may delay acting on the permit application for the accessory line 5 dwelling unit or the junior accessory dwelling unit until the line 6 permitting agency acts on the permit application to create the new line 7 single-family dwelling, but the application to create the accessory line 8 dwelling unit or junior accessory dwelling unit shall still be line 9 considered ministerially without discretionary review or a hearing. line 10 If the applicant requests a delay , the 60-day time period shall be line 11 tolled for the period of the delay. If the local agency has not acted line 12 upon the completed application within 60 days, the application line 13 shall be deemed approved.
line 14 (c) (1) Subject to paragraph (2), a local agenc y may establish line 15 minimum and maximum unit size requirements for both attached line 16 and detached accessory dwelling units.
line 17 (2) Notwithstanding paragraph (1), a local agenc y shall not line 18 establish by ordinance any of the following:
line 19 (A) A minimum square footage requirement for either an line 20 attached or detached accessory dwelling unit that prohibits an line 21 efficiency unit.
line 22 (B) A maximum square footage requirement for either an line 23 attached or detached accessory dwelling unit that is less than either line 24 of the following:
line 25 (i) 850 square feet.
line 26 (ii) 1,000 square feet for an accessory dwelling unit that provides line 27 more than one bedroom.
line 28 (C) Any other minimum or maximum size for an accessory line 29 dwelling unit, size based upon a percentage of the proposed or line 30 existing primary dwelling, or limits on lot co verage, floor area line 31 ratio, open space, and minimum lot size, for either attached or line 32 detached dwellings that does not permit at least an 800 square foot line 33 accessory dwelling unit that is at least 16 feet, or 18 feet for an line 34 accessory dwelling unit on a lot that has an e xisting multifamily line 35 and multistory dwelling, in height with four-foot side and rear yard line 36 setbacks to be constructed in compliance with all other local line 37 development standards.
line 38 (d) Notwithstanding any other law, a local agency, whether or line 39 not it has adopted an ordinance governing accessory dwelling units line 40 in accordance with subdi vision (a), shall not impose parking 97 AB 916 — 7 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 standards for an accessory dwelling unit in an y of the follo wing line 2 instances:
line 3 (1) The accessory dwelling unit is located within one-half mile line 4 walking distance of public transit.
line 5 (2) The accessory dwelling unit is located within an line 6 architecturally and historically significant historic district. line 7 (3) The accessory dwelling unit is part of the proposed or line 8 existing primary residence or an accessory structure. line 9 (4) When on-street parking permits are required but not offered line 10 to the occupant of the accessory dwelling unit. line 11 (5) When there is a car share vehicle located within one block line 12 of the accessory dwelling unit.
line 13 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 14 local agenc y shall ministerially appro ve an application for a line 15 building permit within a residential or mix ed-use zone to create line 16 any of the following:
line 17 (A) One accessory dwelling unit and one junior accessory line 18 dwelling unit per lot with a proposed or e xisting single-family line 19 dwelling if all of the following apply:
line 20 (i) The accessory dwelling unit or junior accessory dwelling line 21 unit is within the proposed space of a single-f amily dwelling or line 22 existing space of a single-f amily dwelling or accessory structure line 23 and may include an e xpansion of not more than 150 square feet line 24 beyond the same ph ysical dimensions as the e xisting accessory line 25 structure. An expansion beyond the ph ysical dimensions of the line 26 existing accessory structure shall be limited to accommodating line 27 ingress and egress.
line 28 (ii) The space has exterior access from the proposed or existing line 29 single-family dwelling.
line 30 (iii) The side and rear setbacks are sufficient for fire and safety. line 31 (iv) The junior accessory dwelling unit complies with the line 32 requirements of Section 65852.22.
line 33 (B) One detached, ne w construction, accessory dwelling unit line 34 that does not exceed four-foot side and rear yard setbacks for a lot line 35 with a proposed or existing single-family dwelling. The accessory line 36 dwelling unit may be combined with a junior accessory dwelling line 37 unit described in subparagraph (A). A local agency may impose line 38 the following conditions on the accessory dwelling unit:
line 39 (i) A total floor area limitation of not more than 800 square feet. line 40 (ii) A height limitation of 16 feet.
97 — 8 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (C) (i) Multiple accessory dwelling units within the portions line 2 of existing multifamily dwelling structures that are not used as line 3 livable space, including, but not limited to, storage rooms, boiler line 4 rooms, passageways, attics, basements, or g arages, if each unit line 5 complies with state building standards for dwellings. line 6 (ii) A local agency shall allow at least one accessory dwelling line 7 unit within an existing multifamily dwelling and shall allow up to line 8 25 percent of the existing multifamily dwelling units. line 9 (D) Not more than two accessory dwelling units that are located line 10 on a lot that has an existing multifamily dwelling, but are detached line 11 from that multifamily dwelling and are subject to a height limit of line 12 18 feet and four-foot rear yard and side setbacks. The two accessory line 13 dwelling units may be attached to each other.
line 14 (2) A local agency shall not require, as a condition for ministerial line 15 approval of a permit application for the creation of an accessory line 16 dwelling unit or a junior accessory dwelling unit, the correction line 17 of nonconforming zoning conditions.
line 18 (3) The installation of fire sprinklers shall not be required in an line 19 accessory dwelling unit if sprinklers are not required for the line 20 primary residence.
line 21 (4) A local agency shall require that a rental of the accessory line 22 dwelling unit created pursuant to this subdi vision be for a term line 23 longer than 30 days.
line 24 (5) A local agency may require, as part of the application for a line 25 permit to create an accessory dwelling unit connected to an onsite line 26 wastewater treatment system, a percolation test completed within line 27 the last five years, or, if the percolation test has been recertified, line 28 within the last 10 years.
line 29 (6) Notwithstanding subdivision (c) and paragraph (1) a local line 30 agency that has adopted an ordinance by July 1, 2018, pro viding line 31 for the appro val of accessory dwelling units in multif amily line 32 dwelling structures shall ministerially consider a permit application line 33 to construct an accessory dwelling unit that is described in line 34 paragraph (1), and may impose standards including, but not limited line 35 to, design, development, and historic standards on said accessory line 36 dwelling units. These standards shall not include requirements on line 37 minimum lot size.
line 38 (f) (1) Fees charged for the construction of accessory dwelling line 39 units shall be determined in accordance with Chapter 5 97 AB 916 — 9 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (commencing with Section 66000) and Chapter 7 (commencing line 2 with Section 66012).
line 3 (2) An accessory dwelling unit shall not be considered by a line 4 local agency, special district, or w ater corporation to be a ne w line 5 residential use for purposes of calculating connection fees or line 6 capacity charges for utilities, including w ater and sewer service, line 7 unless the accessory dwelling unit w as constructed with a ne w line 8 single-family dwelling.
line 9 (3) (A) A local agenc y, special district, or w ater corporation line 10 shall not impose an y impact fee upon the de velopment of an line 11 accessory dwelling unit less than 750 square feet. Any impact fees line 12 charged for an accessory dwelling unit of 750 square feet or more line 13 shall be charged proportionately in relation to the square footage line 14 of the primary dwelling unit.
line 15 (B) For purposes of this paragraph, “impact fee” has the same line 16 meaning as the term “fee” is defined in subdivision (b) of Section line 17 66000, except that it also includes fees specified in Section 66477. line 18 “Impact fee” does not include an y connection fee or capacity line 19 charge char ged by a local agenc y, special district, or w ater line 20 corporation.
line 21 (4) For an accessory dwelling unit described in subparagraph line 22 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 23 district, or w ater corporation shall not require the applicant to line 24 install a ne w or separate utility connection directly between the line 25 accessory dwelling unit and the utility or impose a related line 26 connection fee or capacity charge, unless the accessory dwelling line 27 unit was constructed with a new single-family home. line 28 (5) For an accessory dwelling unit that is not described in line 29 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 30 agency, special district, or w ater corporation may require a ne w line 31 or separate utility connection directly between the accessory line 32 dwelling unit and the utility . Consistent with Section 66013, the line 33 connection may be subject to a connection fee or capacity charge line 34 that shall be proportionate to the burden of the proposed accessory line 35 dwelling unit, based upon either its square feet or the number of line 36 its drainage fixture unit (DFU) values, as defined in the Uniform line 37 Plumbing Code adopted and published by the International line 38 Association of Plumbing and Mechanical Officials, upon the water line 39 or sewer system. This fee or charge shall not exceed the reasonable line 40 cost of providing this service.
97 — 10 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (g) This section does not limit the authority of local agencies line 2 to adopt less restricti ve requirements for the creation of an line 3 accessory dwelling unit.
line 4 (h) (1) A local agenc y shall submit a cop y of the ordinance line 5 adopted pursuant to subdivision (a) to the Department of Housing line 6 and Community Development within 60 days after adoption. After line 7 adoption of an ordinance, the department may submit written line 8 findings to the local agency as to whether the ordinance complies line 9 with this section.
line 10 (2) (A) If the department finds that the local agency’s ordinance line 11 does not comply with this section, the department shall notify the line 12 local agency and shall provide the local agency with a reasonable line 13 time, no longer than 30 days, to respond to the findings before line 14 taking any other action authorized by this section. line 15 (B) The local agency shall consider the findings made by the line 16 department pursuant to subparagraph (A) and shall do one of the line 17 following:
line 18 (i) Amend the ordinance to comply with this section. line 19 (ii) Adopt the ordinance without changes. The local agenc y line 20 shall include findings in its resolution adopting the ordinance that line 21 explain the reasons the local agenc y believes that the ordinance line 22 complies with this section despite the findings of the department. line 23 (3) (A) If the local agenc y does not amend its ordinance in line 24 response to the department’s findings or does not adopt a resolution line 25 with findings explaining the reason the ordinance complies with line 26 this section and addressing the department’ s findings, the line 27 department shall notify the local agenc y and may notify the line 28 Attorney General that the local agency is in violation of state law. line 29 (B) Before notifying the Attorney General that the local agency line 30 is in violation of state law, the department may consider whether line 31 a local agency adopted an ordinance in compliance with this section line 32 between January 1, 2017, and January 1, 2020.
line 33 (i) The department may re view, adopt, amend, or repeal line 34 guidelines to implement uniform standards or criteria that line 35 supplement or clarify the terms, references, and standards set forth line 36 in this section. The guidelines adopted pursuant to this subdivision line 37 are not subject to Chapter 3.5 (commencing with Section 11340) line 38 of Part 1 of Division 3 of Title 2.
line 39 (j) As used in this section, the following terms mean:
97 AB 916 — 11 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (1) “Accessory dwelling unit” means an attached or a detached line 2 residential dwelling unit that provides complete independent living line 3 facilities for one or more persons and is located on a lot with a line 4 proposed or existing primary residence. It shall include permanent line 5 provisions for living, sleeping, eating, cooking, and sanitation on line 6 the same parcel as the single-family or multifamily dwelling is or line 7 will be situated. An accessory dwelling unit also includes the line 8 following:
line 9 (A) An efficiency unit.
line 10 (B) A manufactured home, as defined in Section 18007 of the line 11 Health and Safety Code.
line 12 (2) “Accessory structure” means a structure that is accessory line 13 and incidental to a dwelling located on the same lot. line 14 (3) “Efficiency unit” has the same meaning as defined in Section line 15 17958.1 of the Health and Safety Code.
line 16 (4) “Living area” means the interior habitable area of a dwelling line 17 unit, including basements and attics, but does not include a garage line 18 or any accessory structure.
line 19 (5) “Local agency” means a city , county, or city and county , line 20 whether general law or chartered.
line 21 (6) “Nonconforming zoning condition” means a ph ysical line 22 improvement on a property that does not conform to current zoning line 23 standards.
line 24 (7) “Passageway” means a pathway that is unobstructed, clear line 25 to the sk y, and e xtends from a street to one entrance of the line 26 accessory dwelling unit.
line 27 (8) “Proposed dwelling” means a dwelling that is the subject of line 28 a permit application and that meets the requirements for permitting. line 29 (9) “Public transit” means a location, including, but not limited line 30 to, a bus stop or train station, where the public may access buses, line 31 trains, subways, and other forms of transportation that charge set line 32 fares, run on fixed routes, and are available to the public. line 33 (10) “Tandem parking” means that tw o or more automobiles line 34 are parked on a dri veway or in an y other location on a lot, lined line 35 up behind one another.
line 36 (k) A local agency shall not issue a certificate of occupancy for line 37 an accessory dwelling unit before the local agenc y issues a line 38 certificate of occupancy for the primary dwelling. line 39 (l) Nothing in this section shall be construed to supersede or in line 40 any way alter or lessen the effect or application of the California 97 — 12 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 Coastal Act of 1976 (Di vision 20 (commencing with Section line 2 30000) of the Public Resources Code), e xcept that the local line 3 government shall not be required to hold public hearings for coastal line 4 development permit applications for accessory dwelling units. line 5 (m) A local agency may count an accessory dwelling unit for line 6 purposes of identifying adequate sites for housing, as specified in line 7 subdivision (a) of Section 65583.1, subject to authorization by the line 8 department and compliance with this division.
line 9 (n) In enforcing b uilding standards pursuant to Article 1 line 10 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 11 Division 13 of the Health and Safety Code for an accessory line 12 dwelling unit described in paragraph (1) or (2) belo w, a local line 13 agency, upon request of an o wner of an accessory dwelling unit line 14 for a delay in enforcement, shall delay enforcement of a building line 15 standard, subject to compliance with Section 17980.12 of the line 16 Health and Safety Code:
line 17 (1) The accessory dwelling unit w as b uilt before January 1, line 18 2020.
line 19 (2) The accessory dwelling unit w as built on or after January line 20 1, 2020, in a local jurisdiction that, at the time the accessory line 21 dwelling unit w as built, had a noncompliant accessory dwelling line 22 unit ordinance, b ut the ordinance is compliant at the time the line 23 request is made.
line 24 (o) This section shall remain in effect only until January 1, 2025, line 25 and as of that date is repealed.
line 26 SEC. 3. Section 65852.2 of the Government Code, as amended line 27 by Section 4.5 of Chapter 198 of the Statutes of 2020, is amended line 28 to read:
line 29 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 30 for the creation of accessory dwelling units in areas zoned to allow line 31 single-family or multif amily dwelling residential use. The line 32 ordinance shall do all of the following:
line 33 (A) Designate areas within the jurisdiction of the local agency line 34 where accessory dwelling units may be permitted. The designation line 35 of areas may be based on the adequacy of water and sewer services line 36 and the impact of accessory dwelling units on traffic flo w and line 37 public safety. A local agency that does not provide water or sewer line 38 services shall consult with the local water or sewer service provider line 39 regarding the adequac y of w ater and se wer services before 97 AB 916 — 13 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 designating an area where accessory dwelling units may be line 2 permitted.
line 3 (B) (i) Impose standards on accessory dwelling units that line 4 include, but are not limited to, parking, height, setback, landscape, line 5 architectural review, maximum size of a unit, and standards that line 6 prevent adverse impacts on any real property that is listed in the line 7 California Register of Historic Resources. These standards shall line 8 not include requirements on minimum lot size.
line 9 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 10 eliminate parking requirements for an y accessory dwelling unit line 11 located within its jurisdiction.
line 12 (C) Provide that accessory dwelling units do not e xceed the line 13 allowable density for the lot upon which the accessory dwelling line 14 unit is located, and that accessory dwelling units are a residential line 15 use that is consistent with the e xisting general plan and zoning line 16 designation for the lot.
line 17 (D) Require the accessory dwelling units to comply with all of line 18 the following:
line 19 (i) The accessory dwelling unit may be rented separate from line 20 the primary residence, but may not be sold or otherwise conveyed line 21 separate from the primary residence.
line 22 (ii) The lot is zoned to allo w single-f amily or multif amily line 23 dwelling residential use and includes a proposed or e xisting line 24 dwelling.
line 25 (iii) The accessory dwelling unit is either attached to, or located line 26 within, the proposed or e xisting primary dwelling, including line 27 attached garages, storage areas or similar uses, or an accessory line 28 structure is detached from the proposed or e xisting primary line 29 dwelling and located on the same lot as the proposed or e xisting line 30 primary dwelling.
line 31 (iv) If there is an existing primary dwelling, the total floor area line 32 of an attached accessory dwelling unit shall not exceed 50 percent line 33 of the existing primary dwelling.
line 34 (v) The total floor area for a detached accessory dwelling unit line 35 shall not exceed 1,200 square feet.
line 36 (vi) No passageway shall be required in conjunction with the line 37 construction of an accessory dwelling unit.
line 38 (vii) No setback shall be required for an existing living area or line 39 accessory structure or a structure constructed in the same location line 40 and to the same dimensions as an e xisting structure that is 97 — 14 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 converted to an accessory dwelling unit or to a portion of an line 2 accessory dwelling unit, and a setback of no more than four feet line 3 from the side and rear lot lines shall be required for an accessory line 4 dwelling unit that is not converted from an existing structure or a line 5 new structure constructed in the same location and to the same line 6 dimensions as an existing structure.
line 7 (viii) Local building code requirements that apply to detached line 8 dwellings, as appropriate.
line 9 (ix) Approval by the local health officer where a private sewage line 10 disposal system is being used, if required.
line 11 (x) (I) Parking requirements for accessory dwelling units shall line 12 not exceed one parking space per accessory dwelling unit or per line 13 bedroom, whiche ver is less. These spaces may be pro vided as line 14 tandem parking on a driveway.
line 15 (II) Offstreet parking shall be permitted in setback areas in line 16 locations determined by the local agenc y or through tandem line 17 parking, unless specific findings are made that parking in setback line 18 areas or tandem parking is not feasible based upon specific site or line 19 regional topographical or fire and life safety conditions. line 20 (III) This clause shall not apply to an accessory dwelling unit line 21 that is described in subdivision (d).
line 22 (xi) When a g arage, carport, or co vered parking structure is line 23 demolished in conjunction with the construction of an accessory line 24 dwelling unit or converted to an accessory dwelling unit, the local line 25 agency shall not require that those of fstreet parking spaces be line 26 replaced.
line 27 (xii) Accessory dwelling units shall not be required to provide line 28 fire sprinklers if they are not required for the primary residence. line 29 (2) The ordinance shall not be considered in the application of line 30 any local ordinance, policy, or program to limit residential growth. line 31 (3) A permit application for an accessory dwelling unit or a line 32 junior accessory dwelling unit shall be considered and appro ved line 33 ministerially without discretionary re view or a hearing, line 34 notwithstanding Section 65901 or 65906 or an y local ordinance line 35 regulating the issuance of v ariances or special use permits. The line 36 permitting agency shall act on the application to create an accessory line 37 dwelling unit or a junior accessory dwelling unit within 60 days line 38 from the date the local agency receives a completed application if line 39 there is an existing single-family or multifamily dwelling on the line 40 lot. If the permit application to create an accessory dwelling unit 97 AB 916 — 15 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 or a junior accessory dwelling unit is submitted with a permit line 2 application to create a new single-family dwelling on the lot, the line 3 permitting agency may delay acting on the permit application for line 4 the accessory dwelling unit or the junior accessory dwelling unit line 5 until the permitting agency acts on the permit application to create line 6 the new single-family dwelling, but the application to create the line 7 accessory dwelling unit or junior accessory dwelling unit shall be line 8 considered without discretionary review or hearing. If the applicant line 9 requests a delay , the 60-day time period shall be tolled for the line 10 period of the delay . If the local agenc y has not acted upon the line 11 completed application within 60 days, the application shall be line 12 deemed approved. A local agency may charge a fee to reimburse line 13 it for costs incurred to implement this paragraph, including the line 14 costs of adopting or amending any ordinance that provides for the line 15 creation of an accessory dwelling unit.
line 16 (4) An existing ordinance governing the creation of an accessory line 17 dwelling unit by a local agency or an accessory dwelling ordinance line 18 adopted by a local agency shall provide an approval process that line 19 includes only ministerial provisions for the approval of accessory line 20 dwelling units and shall not include an y discretionary processes, line 21 provisions, or requirements for those units, e xcept as otherwise line 22 provided in this subdi vision. If a local agenc y has an e xisting line 23 accessory dwelling unit ordinance that f ails to meet the line 24 requirements of this subdivision, that ordinance shall be null and line 25 void and that agency shall thereafter apply the standards established line 26 in this subdi vision for the appro val of accessory dwelling units, line 27 unless and until the agency adopts an ordinance that complies with line 28 this section.
line 29 (5) No other local ordinance, policy, or regulation shall be the line 30 basis for the delay or denial of a b uilding permit or a use permit line 31 under this subdivision.
line 32 (6) (A) This subdivision establishes the maximum standards line 33 that local agencies shall use to e valuate a proposed accessory line 34 dwelling unit on a lot that includes a proposed or e xisting line 35 single-family dwelling. No additional standards, other than those line 36 provided in this subdivision, shall be used or imposed except that, line 37 subject to subparagraph (B), a local agenc y may require an line 38 applicant for a permit issued pursuant to this subdivision to be an line 39 owner-occupant or that the property be used for rentals of terms line 40 longer than 30 days.
97 — 16 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (B) Notwithstanding subparagraph (A), a local agency shall not line 2 impose an owner-occupant requirement on an accessory dwelling line 3 unit permitted between January 1, 2020, to January 1, 2025, during line 4 which time the local agenc y w as prohibited from imposing an line 5 owner-occupant requirement.
line 6 (7) A local agency may amend its zoning ordinance or general line 7 plan to incorporate the policies, procedures, or other pro visions line 8 applicable to the creation of an accessory dwelling unit if these line 9 provisions are consistent with the limitations of this subdivision. line 10 (8) An accessory dwelling unit that conforms to this subdivision line 11 shall be deemed to be an accessory use or an accessory b uilding line 12 and shall not be considered to exceed the allowable density for the line 13 lot upon which it is located, and shall be deemed to be a residential line 14 use that is consistent with the e xisting general plan and zoning line 15 designations for the lot. The accessory dwelling unit shall not be line 16 considered in the application of an y local ordinance, polic y, or line 17 program to limit residential growth.
line 18 (b) When a local agenc y that has not adopted an ordinance line 19 governing accessory dwelling units in accordance with subdivision line 20 (a) recei ves an application for a permit to create an accessory line 21 dwelling unit pursuant to this subdi vision, the local agency shall line 22 approve or disappro ve the application ministerially without line 23 discretionary review pursuant to subdi vision (a). The permitting line 24 agency shall act on the application to create an accessory dwelling line 25 unit or a junior accessory dwelling unit within 60 days from the line 26 date the local agency receives a completed application if there is line 27 an existing single-family or multifamily dwelling on the lot. If the line 28 permit application to create an accessory dwelling unit or a junior line 29 accessory dwelling unit is submitted with a permit application to line 30 create a ne w single-f amily dwelling on the lot, the permitting line 31 agency may delay acting on the permit application for the accessory line 32 dwelling unit or the junior accessory dwelling unit until the line 33 permitting agency acts on the permit application to create the new line 34 single-family dwelling, but the application to create the accessory line 35 dwelling unit or junior accessory dwelling unit shall still be line 36 considered ministerially without discretionary review or a hearing. line 37 If the applicant requests a delay , the 60-day time period shall be line 38 tolled for the period of the delay. If the local agency has not acted line 39 upon the completed application within 60 days, the application line 40 shall be deemed approved.
97 AB 916 — 17 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (c) (1) Subject to paragraph (2), a local agenc y may establish line 2 minimum and maximum unit size requirements for both attached line 3 and detached accessory dwelling units.
line 4 (2) Notwithstanding paragraph (1), a local agenc y shall not line 5 establish by ordinance any of the following:
line 6 (A) A minimum square footage requirement for either an line 7 attached or detached accessory dwelling unit that prohibits an line 8 efficiency unit.
line 9 (B) A maximum square footage requirement for either an line 10 attached or detached accessory dwelling unit that is less than either line 11 of the following:
line 12 (i) 850 square feet.
line 13 (ii) 1,000 square feet for an accessory dwelling unit that provides line 14 more than one bedroom.
line 15 (C) Any other minimum or maximum size for an accessory line 16 dwelling unit, size based upon a percentage of the proposed or line 17 existing primary dwelling, or limits on lot co verage, floor area line 18 ratio, open space, and minimum lot size, for either attached or line 19 detached dwellings that does not permit at least an 800 square foot line 20 accessory dwelling unit that is at least 16 feet, or 18 feet for an line 21 accessory dwelling unit on a lot that has an e xisting multifamily line 22 dwelling, in height with four -foot side and rear yard setbacks to line 23 be constructed in compliance with all other local de velopment line 24 standards.
line 25 (d) Notwithstanding any other law, a local agency, whether or line 26 not it has adopted an ordinance governing accessory dwelling units line 27 in accordance with subdi vision (a), shall not impose parking line 28 standards for an accessory dwelling unit in an y of the follo wing line 29 instances:
line 30 (1) The accessory dwelling unit is located within one-half mile line 31 walking distance of public transit.
line 32 (2) The accessory dwelling unit is located within an line 33 architecturally and historically significant historic district. line 34 (3) The accessory dwelling unit is part of the proposed or line 35 existing primary residence or an accessory structure. line 36 (4) When on-street parking permits are required but not offered line 37 to the occupant of the accessory dwelling unit. line 38 (5) When there is a car share vehicle located within one block line 39 of the accessory dwelling unit.
97 — 18 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 2 local agenc y shall ministerially appro ve an application for a line 3 building permit within a residential or mix ed-use zone to create line 4 any of the following:
line 5 (A) One accessory dwelling unit and one junior accessory line 6 dwelling unit per lot with a proposed or e xisting single-family line 7 dwelling if all of the following apply:
line 8 (i) The accessory dwelling unit or junior accessory dwelling line 9 unit is within the proposed space of a single-f amily dwelling or line 10 existing space of a single-f amily dwelling or accessory structure line 11 and may include an e xpansion of not more than 150 square feet line 12 beyond the same ph ysical dimensions as the e xisting accessory line 13 structure. An expansion beyond the ph ysical dimensions of the line 14 existing accessory structure shall be limited to accommodating line 15 ingress and egress.
line 16 (ii) The space has exterior access from the proposed or existing line 17 single-family dwelling.
line 18 (iii) The side and rear setbacks are sufficient for fire and safety. line 19 (iv) The junior accessory dwelling unit complies with the line 20 requirements of Section 65852.22.
line 21 (B) One detached, ne w construction, accessory dwelling unit line 22 that does not exceed four-foot side and rear yard setbacks for a lot line 23 with a proposed or existing single-family dwelling. The accessory line 24 dwelling unit may be combined with a junior accessory dwelling line 25 unit described in subparagraph (A). A local agency may impose line 26 the following conditions on the accessory dwelling unit:
line 27 (i) A total floor area limitation of not more than 800 square feet. line 28 (ii) A height limitation of 16 feet.
line 29 (C) (i) Multiple accessory dwelling units within the portions line 30 of existing multifamily dwelling structures that are not used as line 31 livable space, including, but not limited to, storage rooms, boiler line 32 rooms, passageways, attics, basements, or g arages, if each unit line 33 complies with state building standards for dwellings. line 34 (ii) A local agency shall allow at least one accessory dwelling line 35 unit within an existing multifamily dwelling and shall allow up to line 36 25 percent of the existing multifamily dwelling units. line 37 (D) Not more than two accessory dwelling units that are located line 38 on a lot that has an existing multifamily dwelling, but are detached line 39 from that multifamily dwelling and are subject to a height limit of 97 AB 916 — 19 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 18 feet and four-foot rear yard and side setbacks. The two accessory line 2 dwelling units may be attached to each other.
line 3 (2) A local agency shall not require, as a condition for ministerial line 4 approval of a permit application for the creation of an accessory line 5 dwelling unit or a junior accessory dwelling unit, the correction line 6 of nonconforming zoning conditions.
line 7 (3) The installation of fire sprinklers shall not be required in an line 8 accessory dwelling unit if sprinklers are not required for the line 9 primary residence.
line 10 (4) A local agency may require owner occupancy for either the line 11 primary dwelling or the accessory dwelling unit on a single-family line 12 lot, subject to the requirements of paragraph (6) of subdivision (a). line 13 (5) A local agency shall require that a rental of the accessory line 14 dwelling unit created pursuant to this subdi vision be for a term line 15 longer than 30 days.
line 16 (6) A local agency may require, as part of the application for a line 17 permit to create an accessory dwelling unit connected to an onsite line 18 wastewater treatment system, a percolation test completed within line 19 the last five years, or, if the percolation test has been recertified, line 20 within the last 10 years.
line 21 (7) Notwithstanding subdivision (c) and paragraph (1) a local line 22 agency that has adopted an ordinance by July 1, 2018, pro viding line 23 for the appro val of accessory dwelling units in multif amily line 24 dwelling structures shall ministerially consider a permit application line 25 to construct an accessory dwelling unit that is described in line 26 paragraph (1), and may impose standards including, but not limited line 27 to, design, development, and historic standards on said accessory line 28 dwelling units. These standards shall not include requirements on line 29 minimum lot size.
line 30 (f) (1) Fees charged for the construction of accessory dwelling line 31 units shall be determined in accordance with Chapter 5 line 32 (commencing with Section 66000) and Chapter 7 (commencing line 33 with Section 66012).
line 34 (2) An accessory dwelling unit shall not be considered by a line 35 local agency, special district, or w ater corporation to be a ne w line 36 residential use for purposes of calculating connection fees or line 37 capacity charges for utilities, including w ater and sewer service, line 38 unless the accessory dwelling unit w as constructed with a ne w line 39 single-family dwelling.
97 — 20 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (3) (A) A local agenc y, special district, or w ater corporation line 2 shall not impose an y impact fee upon the de velopment of an line 3 accessory dwelling unit less than 750 square feet. Any impact fees line 4 charged for an accessory dwelling unit of 750 square feet or more line 5 shall be charged proportionately in relation to the square footage line 6 of the primary dwelling unit.
line 7 (B) For purposes of this paragraph, “impact fee” has the same line 8 meaning as the term “fee” is defined in subdivision (b) of Section line 9 66000, except that it also includes fees specified in Section 66477. line 10 “Impact fee” does not include an y connection fee or capacity line 11 charge char ged by a local agenc y, special district, or w ater line 12 corporation.
line 13 (4) For an accessory dwelling unit described in subparagraph line 14 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 15 district, or w ater corporation shall not require the applicant to line 16 install a ne w or separate utility connection directly between the line 17 accessory dwelling unit and the utility or impose a related line 18 connection fee or capacity charge, unless the accessory dwelling line 19 unit was constructed with a new single-family dwelling. line 20 (5) For an accessory dwelling unit that is not described in line 21 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 22 agency, special district, or w ater corporation may require a ne w line 23 or separate utility connection directly between the accessory line 24 dwelling unit and the utility . Consistent with Section 66013, the line 25 connection may be subject to a connection fee or capacity charge line 26 that shall be proportionate to the burden of the proposed accessory line 27 dwelling unit, based upon either its square feet or the number of line 28 its drainage fixture unit (DFU) values, as defined in the Uniform line 29 Plumbing Code adopted and published by the International line 30 Association of Plumbing and Mechanical Officials, upon the water line 31 or sewer system. This fee or charge shall not exceed the reasonable line 32 cost of providing this service.
line 33 (g) This section does not limit the authority of local agencies line 34 to adopt less restricti ve requirements for the creation of an line 35 accessory dwelling unit.
line 36 (h) (1) A local agenc y shall submit a cop y of the ordinance line 37 adopted pursuant to subdivision (a) to the Department of Housing line 38 and Community Development within 60 days after adoption. After line 39 adoption of an ordinance, the department may submit written 97 AB 916 — 21 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 findings to the local agency as to whether the ordinance complies line 2 with this section.
line 3 (2) (A) If the department finds that the local agency’s ordinance line 4 does not comply with this section, the department shall notify the line 5 local agency and shall provide the local agency with a reasonable line 6 time, no longer than 30 days, to respond to the findings before line 7 taking any other action authorized by this section. line 8 (B) The local agency shall consider the findings made by the line 9 department pursuant to subparagraph (A) and shall do one of the line 10 following:
line 11 (i) Amend the ordinance to comply with this section. line 12 (ii) Adopt the ordinance without changes. The local agenc y line 13 shall include findings in its resolution adopting the ordinance that line 14 explain the reasons the local agenc y believes that the ordinance line 15 complies with this section despite the findings of the department. line 16 (3) (A) If the local agenc y does not amend its ordinance in line 17 response to the department’s findings or does not adopt a resolution line 18 with findings explaining the reason the ordinance complies with line 19 this section and addressing the department’ s findings, the line 20 department shall notify the local agenc y and may notify the line 21 Attorney General that the local agency is in violation of state law. line 22 (B) Before notifying the Attorney General that the local agency line 23 is in violation of state law, the department may consider whether line 24 a local agency adopted an ordinance in compliance with this section line 25 between January 1, 2017, and January 1, 2020.
line 26 (i) The department may re view, adopt, amend, or repeal line 27 guidelines to implement uniform standards or criteria that line 28 supplement or clarify the terms, references, and standards set forth line 29 in this section. The guidelines adopted pursuant to this subdivision line 30 are not subject to Chapter 3.5 (commencing with Section 11340) line 31 of Part 1 of Division 3 of Title 2.
line 32 (j) As used in this section, the following terms mean:
line 33 (1) “Accessory dwelling unit” means an attached or a detached line 34 residential dwelling unit that provides complete independent living line 35 facilities for one or more persons and is located on a lot with a line 36 proposed or existing primary residence. It shall include permanent line 37 provisions for living, sleeping, eating, cooking, and sanitation on line 38 the same parcel as the single-family or multifamily dwelling is or line 39 will be situated. An accessory dwelling unit also includes the line 40 following:
97 — 22 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (A) An efficiency unit.
line 2 (B) A manufactured home, as defined in Section 18007 of the line 3 Health and Safety Code.
line 4 (2) “Accessory structure” means a structure that is accessory line 5 and incidental to a dwelling located on the same lot. line 6 (3) “Efficiency unit” has the same meaning as defined in Section line 7 17958.1 of the Health and Safety Code.
line 8 (4) “Living area” means the interior habitable area of a dwelling line 9 unit, including basements and attics, but does not include a garage line 10 or any accessory structure.
line 11 (5) “Local agency” means a city , county, or city and county , line 12 whether general law or chartered.
line 13 (6) “Nonconforming zoning condition” means a ph ysical line 14 improvement on a property that does not conform to current zoning line 15 standards.
line 16 (7) “Passageway” means a pathway that is unobstructed, clear line 17 to the sk y, and e xtends from a street to one entrance of the line 18 accessory dwelling unit.
line 19 (8) “Proposed dwelling” means a dwelling that is the subject of line 20 a permit application and that meets the requirements for permitting. line 21 (9) “Public transit” means a location, including, but not limited line 22 to, a bus stop or train station, where the public may access buses, line 23 trains, subways, and other forms of transportation that charge set line 24 fares, run on fixed routes, and are available to the public. line 25 (10) “Tandem parking” means that tw o or more automobiles line 26 are parked on a dri veway or in an y other location on a lot, lined line 27 up behind one another.
line 28 (k) A local agency shall not issue a certificate of occupancy for line 29 an accessory dwelling unit before the local agenc y issues a line 30 certificate of occupancy for the primary dwelling. line 31 (l) Nothing in this section shall be construed to supersede or in line 32 any way alter or lessen the effect or application of the California line 33 Coastal Act of 1976 (Di vision 20 (commencing with Section line 34 30000) of the Public Resources Code), e xcept that the local line 35 government shall not be required to hold public hearings for coastal line 36 development permit applications for accessory dwelling units. line 37 (m) A local agency may count an accessory dwelling unit for line 38 purposes of identifying adequate sites for housing, as specified in line 39 subdivision (a) of Section 65583.1, subject to authorization by the line 40 department and compliance with this division.
97 AB 916 — 23 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (n) In enforcing b uilding standards pursuant to Article 1 line 2 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 3 Division 13 of the Health and Safety Code for an accessory line 4 dwelling unit described in paragraph (1) or (2) belo w, a local line 5 agency, upon request of an o wner of an accessory dwelling unit line 6 for a delay in enforcement, shall delay enforcement of a building line 7 standard, subject to compliance with Section 17980.12 of the line 8 Health and Safety Code:
line 9 (1) The accessory dwelling unit w as b uilt before January 1, line 10 2020.
line 11 (2) The accessory dwelling unit w as built on or after January line 12 1, 2020, in a local jurisdiction that, at the time the accessory line 13 dwelling unit w as built, had a noncompliant accessory dwelling line 14 unit ordinance, b ut the ordinance is compliant at the time the line 15 request is made.
line 16 (o) This section shall become operative on January 1, 2025. line 17 SEC. 2. Section 65852.2 of the Government Code, as amended line 18 by Section 1 of Chapter 343 of the Statutes of 2021, is amended line 19 to read:
line 20 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 21 for the creation of accessory dwelling units in areas zoned to allow line 22 single-family or multif amily dwelling residential use. The line 23 ordinance shall do all of the following:
line 24 (A) Designate areas within the jurisdiction of the local agency line 25 where accessory dwelling units may be permitted. The designation line 26 of areas may be based on the adequacy of water and sewer services line 27 and the impact of accessory dwelling units on traffic flo w and line 28 public safety. A local agency that does not provide water or sewer line 29 services shall consult with the local water or sewer service provider line 30 regarding the adequac y of w ater and se wer services before line 31 designating an area where accessory dwelling units may be line 32 permitted.
line 33 (B) (i) Impose standards on accessory dwelling units that line 34 include, but are not limited to, parking, height, setback, landscape, line 35 architectural review, maximum size of a unit, and standards that line 36 prevent adverse impacts on any real property that is listed in the line 37 California Register of Historical Resources. These standards shall line 38 not include requirements on minimum lot size.
97 — 24 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 2 eliminate parking requirements for an y accessory dwelling unit line 3 located within its jurisdiction.
line 4 (C) Provide that accessory dwelling units do not e xceed the line 5 allowable density for the lot upon which the accessory dwelling line 6 unit is located, and that accessory dwelling units are a residential line 7 use that is consistent with the e xisting general plan and zoning line 8 designation for the lot.
line 9 (D) Require the accessory dwelling units to comply with all of line 10 the following:
line 11 (i) Except as pro vided in Section 65852.26, the accessory line 12 dwelling unit may be rented separate from the primary residence, line 13 but may not be sold or otherwise con veyed separate from the line 14 primary residence.
line 15 (ii) The lot is zoned to allo w single-f amily or multif amily line 16 dwelling residential use and includes a proposed or e xisting line 17 dwelling.
line 18 (iii) The accessory dwelling unit is either attached to, or located line 19 within, the proposed or e xisting primary dwelling, including line 20 attached g arages, storage areas ar eas, or similar uses, or an line 21 accessory structure or is detached from the proposed or e xisting line 22 primary dwelling and located on the same lot as the proposed or line 23 existing primary dwelling.
line 24 (iv) If there is an existing primary dwelling, the total floor area line 25 of an attached accessory dwelling unit shall not exceed 50 percent line 26 of the existing primary dwelling.
line 27 (v) The total floor area for a detached accessory dwelling unit line 28 shall not exceed 1,200 square feet.
line 29 (vi) No passageway shall be required in conjunction with the line 30 construction of an accessory dwelling unit.
line 31 (vii) No setback shall be required for an existing living area or line 32 accessory structure or a structure constructed in the same location line 33 and to the same dimensions as an e xisting structure that is line 34 converted to an accessory dwelling unit or to a portion of an line 35 accessory dwelling unit, and a setback of no more than four feet line 36 from the side and rear lot lines shall be required for an accessory line 37 dwelling unit that is not converted from an existing structure or a line 38 new structure constructed in the same location and to the same line 39 dimensions as an existing structure.
97 AB 916 — 25 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (viii) Local building code requirements that apply to detached line 2 dwellings, as appropriate.
line 3 (ix) Approval by the local health officer where a private sewage line 4 disposal system is being used, if required.
line 5 (x) (I) Parking requirements for accessory dwelling units shall line 6 not exceed one parking space per accessory dwelling unit or per line 7 bedroom, whiche ver is less. These spaces may be pro vided as line 8 tandem parking on a driveway.
line 9 (II) Offstreet parking shall be permitted in setback areas in line 10 locations determined by the local agenc y or through tandem line 11 parking, unless specific findings are made that parking in setback line 12 areas or tandem parking is not feasible based upon specific site or line 13 regional topographical or fire and life safety conditions. line 14 (III) This clause shall not apply to an accessory dwelling unit line 15 that is described in subdivision (d).
line 16 (xi) When a g arage, carport, or co vered parking structure is line 17 demolished in conjunction with the construction of an accessory line 18 dwelling unit or converted to an accessory dwelling unit, the local line 19 agency shall not require that those of fstreet parking spaces be line 20 replaced.
line 21 (xii) Accessory dwelling units shall not be required to provide line 22 fire sprinklers if they are not required for the primary residence. line 23 (2) The ordinance shall not be considered in the application of line 24 any local ordinance, policy, or program to limit residential growth. line 25 (3) A permit application for an accessory dwelling unit or a line 26 junior accessory dwelling unit shall be considered and appro ved line 27 ministerially without discretionary re view or a hearing, line 28 notwithstanding Section 65901 or 65906 or an y local ordinance line 29 regulating the issuance of v ariances or special use permits. The line 30 permitting agency shall act on the application to create an accessory line 31 dwelling unit or a junior accessory dwelling unit within 60 days line 32 from the date the local agency receives a completed application if line 33 there is an existing single-family or multifamily dwelling on the line 34 lot. If the permit application to create an accessory dwelling unit line 35 or a junior accessory dwelling unit is submitted with a permit line 36 application to create a new single-family dwelling on the lot, the line 37 permitting agency may delay acting on the permit application for line 38 the accessory dwelling unit or the junior accessory dwelling unit line 39 until the permitting agency acts on the permit application to create line 40 the new single-family dwelling, but the application to create the 97 — 26 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 accessory dwelling unit or junior accessory dwelling unit shall be line 2 considered without discretionary review or hearing. If the applicant line 3 requests a delay , the 60-day time period shall be tolled for the line 4 period of the delay . If the local agenc y has not acted upon the line 5 completed application within 60 days, the application shall be line 6 deemed approved. A local agency may charge a fee to reimburse line 7 it for costs incurred to implement this paragraph, including the line 8 costs of adopting or amending any ordinance that provides for the line 9 creation of an accessory dwelling unit.
line 10 (4) An existing ordinance governing the creation of an accessory line 11 dwelling unit by a local agency or an accessory dwelling ordinance line 12 adopted by a local agency shall provide an approval process that line 13 includes only ministerial provisions for the approval of accessory line 14 dwelling units and shall not include an y discretionary processes, line 15 provisions, or requirements for those units, e xcept as otherwise line 16 provided in this subdi vision. If a local agenc y has an e xisting line 17 accessory dwelling unit ordinance that f ails to meet the line 18 requirements of this subdivision, that ordinance shall be null and line 19 void and that agency shall thereafter apply the standards established line 20 in this subdi vision for the appro val of accessory dwelling units, line 21 unless and until the agency adopts an ordinance that complies with line 22 this section.
line 23 (5) No other local ordinance, policy, or regulation shall be the line 24 basis for the delay or denial of a b uilding permit or a use permit line 25 under this subdivision.
line 26 (6) This subdivision establishes the maximum standards that line 27 local agencies shall use to evaluate a proposed accessory dwelling line 28 unit on a lot that includes a proposed or e xisting single-family line 29 dwelling. No additional standards, other than those pro vided in line 30 this subdi vision, shall be used or imposed, including an y line 31 owner-occupant requirement, e xcept that a local agenc y may line 32 require that the property be used for rentals of terms longer than line 33 30 days.
line 34 (7) A local agency may amend its zoning ordinance or general line 35 plan to incorporate the policies, procedures, or other pro visions line 36 applicable to the creation of an accessory dwelling unit if these line 37 provisions are consistent with the limitations of this subdivision. line 38 (8) An accessory dwelling unit that conforms to this subdivision line 39 shall be deemed to be an accessory use or an accessory b uilding line 40 and shall not be considered to exceed the allowable density for the 97 AB 916 — 27 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 lot upon which it is located, and shall be deemed to be a residential line 2 use that is consistent with the e xisting general plan and zoning line 3 designations for the lot. The accessory dwelling unit shall not be line 4 considered in the application of an y local ordinance, polic y, or line 5 program to limit residential growth.
line 6 (b) When a local agenc y that has not adopted an ordinance line 7 governing accessory dwelling units in accordance with subdivision line 8 (a) recei ves an application for a permit to create an accessory line 9 dwelling unit pursuant to this subdi vision, the local agency shall line 10 approve or disappro ve the application ministerially without line 11 discretionary review pursuant to subdi vision (a). The permitting line 12 agency shall act on the application to create an accessory dwelling line 13 unit or a junior accessory dwelling unit within 60 days from the line 14 date the local agency receives a completed application if there is line 15 an existing single-family or multifamily dwelling on the lot. If the line 16 permit application to create an accessory dwelling unit or a junior line 17 accessory dwelling unit is submitted with a permit application to line 18 create a ne w single-f amily dwelling on the lot, the permitting line 19 agency may delay acting on the permit application for the accessory line 20 dwelling unit or the junior accessory dwelling unit until the line 21 permitting agency acts on the permit application to create the new line 22 single-family dwelling, but the application to create the accessory line 23 dwelling unit or junior accessory dwelling unit shall still be line 24 considered ministerially without discretionary review or a hearing. line 25 If the applicant requests a delay , the 60-day time period shall be line 26 tolled for the period of the delay. If the local agency has not acted line 27 upon the completed application within 60 days, the application line 28 shall be deemed approved.
line 29 (c) (1) Subject to paragraph (2), a local agenc y may establish line 30 minimum and maximum unit size requirements for both attached line 31 and detached accessory dwelling units.
line 32 (2) Notwithstanding paragraph (1), a local agenc y shall not line 33 establish by ordinance any of the following:
line 34 (A) A minimum square footage requirement for either an line 35 attached or detached accessory dwelling unit that prohibits an line 36 efficiency unit.
line 37 (B) A maximum square footage requirement for either an line 38 attached or detached accessory dwelling unit that is less than either line 39 of the following:
line 40 (i) 850 square feet.
97 — 28 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (ii) 1,000 square feet for an accessory dwelling unit that provides line 2 more than one bedroom.
line 3 (C) Any other minimum or maximum size for an accessory line 4 dwelling unit, size based upon a percentage of the proposed or line 5 existing primary dwelling, or limits on lot co verage, floor area line 6 ratio, open space, and minimum lot size, for either attached or line 7 detached dwellings that does not permit at least an 800 square foot line 8 accessory dwelling unit that is at least 16 feet feet, or 18 feet for line 9 an accessory dwelling unit on a lot that has an existing multifamily line 10 and multistory dwelling, in height with four-foot side and rear yard line 11 setbacks to be constructed in compliance with all other local line 12 development standards.
line 13 (d) Notwithstanding any other law, a local agency, whether or line 14 not it has adopted an ordinance governing accessory dwelling units line 15 in accordance with subdi vision (a), shall not impose parking line 16 standards for an accessory dwelling unit in an y of the follo wing line 17 instances:
line 18 (1) The accessory dwelling unit is located within one-half mile line 19 walking distance of public transit.
line 20 (2) The accessory dwelling unit is located within an line 21 architecturally and historically significant historic district. line 22 (3) The accessory dwelling unit is part of the proposed or line 23 existing primary residence or an accessory structure. line 24 (4) When on-street parking permits are required but not offered line 25 to the occupant of the accessory dwelling unit. line 26 (5) When there is a car share vehicle located within one block line 27 of the accessory dwelling unit.
line 28 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 29 local agenc y shall ministerially appro ve an application for a line 30 building permit within a residential or mix ed-use zone to create line 31 any of the following:
line 32 (A) One accessory dwelling unit and one junior accessory line 33 dwelling unit per lot with a proposed or e xisting single-family line 34 dwelling if all of the following apply:
line 35 (i) The accessory dwelling unit or junior accessory dwelling line 36 unit is within the proposed space of a single-f amily dwelling or line 37 existing space of a single-f amily dwelling or accessory structure line 38 and may include an e xpansion of not more than 150 square feet line 39 beyond the same ph ysical dimensions as the e xisting accessory line 40 structure. An expansion beyond the ph ysical dimensions of the 97 AB 916 — 29 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 existing accessory structure shall be limited to accommodating line 2 ingress and egress.
line 3 (ii) The space has exterior access from the proposed or existing line 4 single-family dwelling.
line 5 (iii) The side and rear setbacks are sufficient for fire and safety. line 6 (iv) The junior accessory dwelling unit complies with the line 7 requirements of Section 65852.22.
line 8 (B) One detached, ne w construction, accessory dwelling unit line 9 that does not exceed four-foot side and rear yard setbacks for a lot line 10 with a proposed or existing single-family dwelling. The accessory line 11 dwelling unit may be combined with a junior accessory dwelling line 12 unit described in subparagraph (A). A local agency may impose line 13 the following conditions on the accessory dwelling unit:
line 14 (i) A total floor area limitation of not more than 800 square feet. line 15 (ii) A height limitation of 16 feet.
line 16 (C) (i) Multiple accessory dwelling units within the portions line 17 of existing multifamily dwelling structures that are not used as line 18 livable space, including, but not limited to, storage rooms, boiler line 19 rooms, passageways, attics, basements, or g arages, if each unit line 20 complies with state building standards for dwellings. line 21 (ii) A local agency shall allow at least one accessory dwelling line 22 unit within an existing multifamily dwelling and shall allow up to line 23 25 percent of the existing multifamily dwelling units. line 24 (D) Not more than two accessory dwelling units that are located line 25 on a lot that has an existing multifamily dwelling, but are detached line 26 from that multifamily dwelling and are subject to a height limit of line 27 16 18 feet and four-foot rear yard and side setbacks. line 28 (2) A local agency shall not require, as a condition for ministerial line 29 approval of a permit application for the creation of an accessory line 30 dwelling unit or a junior accessory dwelling unit, the correction line 31 of nonconforming zoning conditions.
line 32 (3) The installation of fire sprinklers shall not be required in an line 33 accessory dwelling unit if sprinklers are not required for the line 34 primary residence.
line 35 (4) A local agency shall require that a rental of the accessory line 36 dwelling unit created pursuant to this subdi vision be for a term line 37 longer than 30 days.
line 38 (5) A local agency may require, as part of the application for a line 39 permit to create an accessory dwelling unit connected to an onsite line 40 wastewater treatment system, a percolation test completed within 97 — 30 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 the last five years, or, if the percolation test has been recertified, line 2 within the last 10 years.
line 3 (6) Notwithstanding subdivision (c) and paragraph (1) a local line 4 agency that has adopted an ordinance by July 1, 2018, pro viding line 5 for the appro val of accessory dwelling units in multif amily line 6 dwelling structures shall ministerially consider a permit application line 7 to construct an accessory dwelling unit that is described in line 8 paragraph (1), and may impose standards including, but not limited line 9 to, design, development, and historic standards on said accessory line 10 dwelling units. These standards shall not include requirements on line 11 minimum lot size.
line 12 (f) (1) Fees charged for the construction of accessory dwelling line 13 units shall be determined in accordance with Chapter 5 line 14 (commencing with Section 66000) and Chapter 7 (commencing line 15 with Section 66012).
line 16 (2) An accessory dwelling unit shall not be considered by a line 17 local agency, special district, or w ater corporation to be a ne w line 18 residential use for purposes of calculating connection fees or line 19 capacity charges for utilities, including w ater and sewer service, line 20 unless the accessory dwelling unit w as constructed with a ne w line 21 single-family dwelling.
line 22 (3) (A) A local agenc y, special district, or w ater corporation line 23 shall not impose an y impact fee upon the de velopment of an line 24 accessory dwelling unit less than 750 square feet. Any impact fees line 25 charged for an accessory dwelling unit of 750 square feet or more line 26 shall be charged proportionately in relation to the square footage line 27 of the primary dwelling unit.
line 28 (B) For purposes of this paragraph, “impact fee” has the same line 29 meaning as the term “fee” is defined in subdivision (b) of Section line 30 66000, except that it also includes fees specified in Section 66477. line 31 “Impact fee” does not include an y connection fee or capacity line 32 charge char ged by a local agenc y, special district, or w ater line 33 corporation.
line 34 (4) For an accessory dwelling unit described in subparagraph line 35 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 36 district, or w ater corporation shall not require the applicant to line 37 install a ne w or separate utility connection directly between the line 38 accessory dwelling unit and the utility or impose a related line 39 connection fee or capacity charge, unless the accessory dwelling line 40 unit was constructed with a new single-family home. 97 AB 916 — 31 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (5) For an accessory dwelling unit that is not described in line 2 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 3 agency, special district, or w ater corporation may require a ne w line 4 or separate utility connection directly between the accessory line 5 dwelling unit and the utility . Consistent with Section 66013, the line 6 connection may be subject to a connection fee or capacity charge line 7 that shall be proportionate to the burden of the proposed accessory line 8 dwelling unit, based upon either its square feet or the number of line 9 its drainage fixture unit (DFU) values, as defined in the Uniform line 10 Plumbing Code adopted and published by the International line 11 Association of Plumbing and Mechanical Officials, upon the water line 12 or sewer system. This fee or charge shall not exceed the reasonable line 13 cost of providing this service.
line 14 (g) This section does not limit the authority of local agencies line 15 to adopt less restricti ve requirements for the creation of an line 16 accessory dwelling unit.
line 17 (h) (1) A local agenc y shall submit a cop y of the ordinance line 18 adopted pursuant to subdivision (a) to the Department of Housing line 19 and Community Development within 60 days after adoption. After line 20 adoption of an ordinance, the department may submit written line 21 findings to the local agency as to whether the ordinance complies line 22 with this section.
line 23 (2) (A) If the department finds that the local agency’s ordinance line 24 does not comply with this section, the department shall notify the line 25 local agency and shall provide the local agency with a reasonable line 26 time, no longer than 30 days, to respond to the findings before line 27 taking any other action authorized by this section. line 28 (B) The local agency shall consider the findings made by the line 29 department pursuant to subparagraph (A) and shall do one of the line 30 following:
line 31 (i) Amend the ordinance to comply with this section. line 32 (ii) Adopt the ordinance without changes. The local agenc y line 33 shall include findings in its resolution adopting the ordinance that line 34 explain the reasons the local agenc y believes that the ordinance line 35 complies with this section despite the findings of the department. line 36 (3) (A) If the local agenc y does not amend its ordinance in line 37 response to the department’s findings or does not adopt a resolution line 38 with findings explaining the reason the ordinance complies with line 39 this section and addressing the department’ s findings, the 97 — 32 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 department shall notify the local agenc y and may notify the line 2 Attorney General that the local agency is in violation of state law. line 3 (B) Before notifying the Attorney General that the local agency line 4 is in violation of state law, the department may consider whether line 5 a local agency adopted an ordinance in compliance with this section line 6 between January 1, 2017, and January 1, 2020.
line 7 (i) The department may re view, adopt, amend, or repeal line 8 guidelines to implement uniform standards or criteria that line 9 supplement or clarify the terms, references, and standards set forth line 10 in this section. The guidelines adopted pursuant to this subdivision line 11 are not subject to Chapter 3.5 (commencing with Section 11340) line 12 of Part 1 of Division 3 of Title 2.
line 13 (j) As used in this section, the following terms mean:
line 14 (1) “Accessory dwelling unit” means an attached or a detached line 15 residential dwelling unit that provides complete independent living line 16 facilities for one or more persons and is located on a lot with a line 17 proposed or existing primary residence. It shall include permanent line 18 provisions for living, sleeping, eating, cooking, and sanitation on line 19 the same parcel as the single-family or multifamily dwelling is or line 20 will be situated. An accessory dwelling unit also includes the line 21 following:
line 22 (A) An efficiency unit.
line 23 (B) A manufactured home, as defined in Section 18007 of the line 24 Health and Safety Code.
line 25 (2) “Accessory structure” means a structure that is accessory line 26 and incidental to a dwelling located on the same lot. line 27 (3) “Efficiency unit” has the same meaning as defined in Section line 28 17958.1 of the Health and Safety Code.
line 29 (4) “Living area” means the interior habitable area of a dwelling line 30 unit, including basements and attics, but does not include a garage line 31 or any accessory structure.
line 32 (5) “Local agency” means a city , county, or city and county , line 33 whether general law or chartered.
line 34 (6) “Nonconforming zoning condition” means a ph ysical line 35 improvement on a property that does not conform with to current line 36 zoning standards.
line 37 (7) “Passageway” means a pathw ay that is unobstructed line 38 unobstructed, clear to the sky sky, and extends from a street to one line 39 entrance of the accessory dwelling unit.
97 AB 916 — 33 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (8) “Proposed dwelling” means a dwelling that is the subject of line 2 a permit application and that meets the requirements for permitting. line 3 (9) “Public transit” means a location, including, but not limited line 4 to, a bus stop or train station, where the public may access buses, line 5 trains, subways, and other forms of transportation that charge set line 6 fares, run on fixed routes, and are available to the public. line 7 (10) “Tandem parking” means that tw o or more automobiles line 8 are parked on a dri veway or in an y other location on a lot, lined line 9 up behind one another.
line 10 (k) A local agency shall not issue a certificate of occupancy for line 11 an accessory dwelling unit before the local agenc y issues a line 12 certificate of occupancy for the primary dwelling. line 13 (l) Nothing in this section shall be construed to supersede or in line 14 any way alter or lessen the effect or application of the California line 15 Coastal Act of 1976 (Di vision 20 (commencing with Section line 16 30000) of the Public Resources Code), e xcept that the local line 17 government shall not be required to hold public hearings for coastal line 18 development permit applications for accessory dwelling units. line 19 (m) A local agency may count an accessory dwelling unit for line 20 purposes of identifying adequate sites for housing, as specified in line 21 subdivision (a) of Section 65583.1, subject to authorization by the line 22 department and compliance with this division.
line 23 (n) In enforcing b uilding standards pursuant to Article 1 line 24 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 25 Division 13 of the Health and Safety Code for an accessory line 26 dwelling unit described in paragraph (1) or (2) belo w, a local line 27 agency, upon request of an o wner of an accessory dwelling unit line 28 for a delay in enforcement, shall delay enforcement of a building line 29 standard, subject to compliance with Section 17980.12 of the line 30 Health and Safety Code:
line 31 (1) The accessory dwelling unit w as b uilt before January 1, line 32 2020.
line 33 (2) The accessory dwelling unit w as built on or after January line 34 1, 2020, in a local jurisdiction that, at the time the accessory line 35 dwelling unit w as built, had a noncompliant accessory dwelling line 36 unit ordinance, b ut the ordinance is compliant at the time the line 37 request is made.
line 38 (o) This section shall remain in effect only until January 1, 2025, line 39 and as of that date is repealed.
97 — 34 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 SEC. 3. Section 65852.2 of the Government Code, as amended line 2 by Section 2 of Chapter 343 of the Statutes of 2021, is amended line 3 to read:
line 4 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 5 for the creation of accessory dwelling units in areas zoned to allow line 6 single-family or multif amily dwelling residential use. The line 7 ordinance shall do all of the following:
line 8 (A) Designate areas within the jurisdiction of the local agency line 9 where accessory dwelling units may be permitted. The designation line 10 of areas may be based on the adequacy of water and sewer services line 11 and the impact of accessory dwelling units on traffic flo w and line 12 public safety. A local agency that does not provide water or sewer line 13 services shall consult with the local water or sewer service provider line 14 regarding the adequac y of w ater and se wer services before line 15 designating an area where accessory dwelling units may be line 16 permitted.
line 17 (B) (i) Impose standards on accessory dwelling units that line 18 include, but are not limited to, parking, height, setback, landscape, line 19 architectural review, maximum size of a unit, and standards that line 20 prevent adverse impacts on any real property that is listed in the line 21 California Register of Historical Resources. These standards shall line 22 not include requirements on minimum lot size.
line 23 (ii) Notwithstanding clause (i), a local agenc y may reduce or line 24 eliminate parking requirements for an y accessory dwelling unit line 25 located within its jurisdiction.
line 26 (C) Provide that accessory dwelling units do not e xceed the line 27 allowable density for the lot upon which the accessory dwelling line 28 unit is located, and that accessory dwelling units are a residential line 29 use that is consistent with the e xisting general plan and zoning line 30 designation for the lot.
line 31 (D) Require the accessory dwelling units to comply with all of line 32 the following:
line 33 (i) Except as pro vided in Section 65852.26, the accessory line 34 dwelling unit may be rented separate from the primary residence, line 35 but may not be sold or otherwise con veyed separate from the line 36 primary residence.
line 37 (ii) The lot is zoned to allo w single-f amily or multif amily line 38 dwelling residential use and includes a proposed or e xisting line 39 dwelling.
97 AB 916 — 35 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (iii) The accessory dwelling unit is either attached to, or located line 2 within, the proposed or e xisting primary dwelling, including line 3 attached g arages, storage areas ar eas, or similar uses, or an line 4 accessory structure or is detached from the proposed or e xisting line 5 primary dwelling and located on the same lot as the proposed or line 6 existing primary dwelling.
line 7 (iv) If there is an existing primary dwelling, the total floor area line 8 of an attached accessory dwelling unit shall not exceed 50 percent line 9 of the existing primary dwelling.
line 10 (v) The total floor area for a detached accessory dwelling unit line 11 shall not exceed 1,200 square feet.
line 12 (vi) No passageway shall be required in conjunction with the line 13 construction of an accessory dwelling unit.
line 14 (vii) No setback shall be required for an existing living area or line 15 accessory structure or a structure constructed in the same location line 16 and to the same dimensions as an e xisting structure that is line 17 converted to an accessory dwelling unit or to a portion of an line 18 accessory dwelling unit, and a setback of no more than four feet line 19 from the side and rear lot lines shall be required for an accessory line 20 dwelling unit that is not converted from an existing structure or a line 21 new structure constructed in the same location and to the same line 22 dimensions as an existing structure.
line 23 (viii) Local building code requirements that apply to detached line 24 dwellings, as appropriate.
line 25 (ix) Approval by the local health officer where a private sewage line 26 disposal system is being used, if required.
line 27 (x) (I) Parking requirements for accessory dwelling units shall line 28 not exceed one parking space per accessory dwelling unit or per line 29 bedroom, whiche ver is less. These spaces may be pro vided as line 30 tandem parking on a driveway.
line 31 (II) Offstreet parking shall be permitted in setback areas in line 32 locations determined by the local agenc y or through tandem line 33 parking, unless specific findings are made that parking in setback line 34 areas or tandem parking is not feasible based upon specific site or line 35 regional topographical or fire and life safety conditions. line 36 (III) This clause shall not apply to an accessory dwelling unit line 37 that is described in subdivision (d).
line 38 (xi) When a g arage, carport, or co vered parking structure is line 39 demolished in conjunction with the construction of an accessory line 40 dwelling unit or converted to an accessory dwelling unit, the local 97 — 36 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 agency shall not require that those of fstreet parking spaces be line 2 replaced.
line 3 (xii) Accessory dwelling units shall not be required to provide line 4 fire sprinklers if they are not required for the primary residence. line 5 (2) The ordinance shall not be considered in the application of line 6 any local ordinance, policy, or program to limit residential growth. line 7 (3) A permit application for an accessory dwelling unit or a line 8 junior accessory dwelling unit shall be considered and appro ved line 9 ministerially without discretionary re view or a hearing, line 10 notwithstanding Section 65901 or 65906 or an y local ordinance line 11 regulating the issuance of v ariances or special use permits. The line 12 permitting agency shall act on the application to create an accessory line 13 dwelling unit or a junior accessory dwelling unit within 60 days line 14 from the date the local agency receives a completed application if line 15 there is an existing single-family or multifamily dwelling on the line 16 lot. If the permit application to create an accessory dwelling unit line 17 or a junior accessory dwelling unit is submitted with a permit line 18 application to create a new single-family dwelling on the lot, the line 19 permitting agency may delay acting on the permit application for line 20 the accessory dwelling unit or the junior accessory dwelling unit line 21 until the permitting agency acts on the permit application to create line 22 the new single-family dwelling, but the application to create the line 23 accessory dwelling unit or junior accessory dwelling unit shall be line 24 considered without discretionary review or hearing. If the applicant line 25 requests a delay , the 60-day time period shall be tolled for the line 26 period of the delay . If the local agenc y has not acted upon the line 27 completed application within 60 days, the application shall be line 28 deemed approved. A local agency may charge a fee to reimburse line 29 it for costs incurred to implement this paragraph, including the line 30 costs of adopting or amending any ordinance that provides for the line 31 creation of an accessory dwelling unit.
line 32 (4) An existing ordinance governing the creation of an accessory line 33 dwelling unit by a local agency or an accessory dwelling ordinance line 34 adopted by a local agency shall provide an approval process that line 35 includes only ministerial provisions for the approval of accessory line 36 dwelling units and shall not include an y discretionary processes, line 37 provisions, or requirements for those units, e xcept as otherwise line 38 provided in this subdi vision. If a local agenc y has an e xisting line 39 accessory dwelling unit ordinance that f ails to meet the line 40 requirements of this subdivision, that ordinance shall be null and 97 AB 916 — 37 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 void and that agency shall thereafter apply the standards established line 2 in this subdi vision for the appro val of accessory dwelling units, line 3 unless and until the agency adopts an ordinance that complies with line 4 this section.
line 5 (5) No other local ordinance, policy, or regulation shall be the line 6 basis for the delay or denial of a b uilding permit or a use permit line 7 under this subdivision.
line 8 (6) (A) This subdivision establishes the maximum standards line 9 that local agencies shall use to e valuate a proposed accessory line 10 dwelling unit on a lot that includes a proposed or e xisting line 11 single-family dwelling. No additional standards, other than those line 12 provided in this subdivision, shall be used or imposed except that, line 13 subject to subparagraph (B), a local agenc y may require an line 14 applicant for a permit issued pursuant to this subdivision to be an line 15 owner-occupant or that the property be used for rentals of terms line 16 longer than 30 days.
line 17 (B) Notwithstanding subparagraph (A), a local agency shall not line 18 impose an owner-occupant requirement on an accessory dwelling line 19 unit permitted between January 1, 2020, to January 1, 2025, during line 20 which time the local agenc y w as prohibited from imposing an line 21 owner-occupant requirement.
line 22 (7) A local agency may amend its zoning ordinance or general line 23 plan to incorporate the policies, procedures, or other pro visions line 24 applicable to the creation of an accessory dwelling unit if these line 25 provisions are consistent with the limitations of this subdivision. line 26 (8) An accessory dwelling unit that conforms to this subdivision line 27 shall be deemed to be an accessory use or an accessory b uilding line 28 and shall not be considered to exceed the allowable density for the line 29 lot upon which it is located, and shall be deemed to be a residential line 30 use that is consistent with the e xisting general plan and zoning line 31 designations for the lot. The accessory dwelling unit shall not be line 32 considered in the application of an y local ordinance, polic y, or line 33 program to limit residential growth.
line 34 (b) When a local agenc y that has not adopted an ordinance line 35 governing accessory dwelling units in accordance with subdivision line 36 (a) recei ves an application for a permit to create an accessory line 37 dwelling unit pursuant to this subdi vision, the local agency shall line 38 approve or disappro ve the application ministerially without line 39 discretionary review pursuant to subdi vision (a). The permitting line 40 agency shall act on the application to create an accessory dwelling 97 — 38 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 unit or a junior accessory dwelling unit within 60 days from the line 2 date the local agency receives a completed application if there is line 3 an existing single-family or multifamily dwelling on the lot. If the line 4 permit application to create an accessory dwelling unit or a junior line 5 accessory dwelling unit is submitted with a permit application to line 6 create a ne w single-f amily dwelling on the lot, the permitting line 7 agency may delay acting on the permit application for the accessory line 8 dwelling unit or the junior accessory dwelling unit until the line 9 permitting agency acts on the permit application to create the new line 10 single-family dwelling, but the application to create the accessory line 11 dwelling unit or junior accessory dwelling unit shall still be line 12 considered ministerially without discretionary review or a hearing. line 13 If the applicant requests a delay , the 60-day time period shall be line 14 tolled for the period of the delay. If the local agency has not acted line 15 upon the completed application within 60 days, the application line 16 shall be deemed approved.
line 17 (c) (1) Subject to paragraph (2), a local agenc y may establish line 18 minimum and maximum unit size requirements for both attached line 19 and detached accessory dwelling units.
line 20 (2) Notwithstanding paragraph (1), a local agenc y shall not line 21 establish by ordinance any of the following:
line 22 (A) A minimum square footage requirement for either an line 23 attached or detached accessory dwelling unit that prohibits an line 24 efficiency unit.
line 25 (B) A maximum square footage requirement for either an line 26 attached or detached accessory dwelling unit that is less than either line 27 of the following:
line 28 (i) 850 square feet.
line 29 (ii) 1,000 square feet for an accessory dwelling unit that provides line 30 more than one bedroom.
line 31 (C) Any other minimum or maximum size for an accessory line 32 dwelling unit, size based upon a percentage of the proposed or line 33 existing primary dwelling, or limits on lot co verage, floor area line 34 ratio, open space, and minimum lot size, for either attached or line 35 detached dwellings that does not permit at least an 800 square foot line 36 accessory dwelling unit that is at least 16 feet feet, or 18 feet for line 37 an accessory dwelling unit on a lot that has an existing multifamily line 38 and multistory dwelling, in height with four-foot side and rear yard line 39 setbacks to be constructed in compliance with all other local line 40 development standards.
97 AB 916 — 39 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (d) Notwithstanding any other law, a local agency, whether or line 2 not it has adopted an ordinance governing accessory dwelling units line 3 in accordance with subdi vision (a), shall not impose parking line 4 standards for an accessory dwelling unit in an y of the follo wing line 5 instances:
line 6 (1) The accessory dwelling unit is located within one-half mile line 7 walking distance of public transit.
line 8 (2) The accessory dwelling unit is located within an line 9 architecturally and historically significant historic district. line 10 (3) The accessory dwelling unit is part of the proposed or line 11 existing primary residence or an accessory structure. line 12 (4) When on-street parking permits are required but not offered line 13 to the occupant of the accessory dwelling unit. line 14 (5) When there is a car share vehicle located within one block line 15 of the accessory dwelling unit.
line 16 (e) (1) Notwithstanding subdi visions (a) to (d), inclusi ve, a line 17 local agenc y shall ministerially appro ve an application for a line 18 building permit within a residential or mix ed-use zone to create line 19 any of the following:
line 20 (A) One accessory dwelling unit and one junior accessory line 21 dwelling unit per lot with a proposed or e xisting single-family line 22 dwelling if all of the following apply:
line 23 (i) The accessory dwelling unit or junior accessory dwelling line 24 unit is within the proposed space of a single-f amily dwelling or line 25 existing space of a single-f amily dwelling or accessory structure line 26 and may include an e xpansion of not more than 150 square feet line 27 beyond the same ph ysical dimensions as the e xisting accessory line 28 structure. An expansion beyond the ph ysical dimensions of the line 29 existing accessory structure shall be limited to accommodating line 30 ingress and egress.
line 31 (ii) The space has exterior access from the proposed or existing line 32 single-family dwelling.
line 33 (iii) The side and rear setbacks are sufficient for fire and safety. line 34 (iv) The junior accessory dwelling unit complies with the line 35 requirements of Section 65852.22.
line 36 (B) One detached, ne w construction, accessory dwelling unit line 37 that does not exceed four-foot side and rear yard setbacks for a lot line 38 with a proposed or existing single-family dwelling. The accessory line 39 dwelling unit may be combined with a junior accessory dwelling 97 — 40 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 unit described in subparagraph (A). A local agency may impose line 2 the following conditions on the accessory dwelling unit:
line 3 (i) A total floor area limitation of not more than 800 square feet. line 4 (ii) A height limitation of 16 feet.
line 5 (C) (i) Multiple accessory dwelling units within the portions line 6 of existing multifamily dwelling structures that are not used as line 7 livable space, including, but not limited to, storage rooms, boiler line 8 rooms, passageways, attics, basements, or g arages, if each unit line 9 complies with state building standards for dwellings. line 10 (ii) A local agency shall allow at least one accessory dwelling line 11 unit within an existing multifamily dwelling and shall allow up to line 12 25 percent of the existing multifamily dwelling units. line 13 (D) Not more than two accessory dwelling units that are located line 14 on a lot that has an existing multifamily dwelling, but are detached line 15 from that multifamily dwelling and are subject to a height limit of line 16 16 18 feet and four-foot rear yard and side setbacks. line 17 (2) A local agency shall not require, as a condition for ministerial line 18 approval of a permit application for the creation of an accessory line 19 dwelling unit or a junior accessory dwelling unit, the correction line 20 of nonconforming zoning conditions.
line 21 (3) The installation of fire sprinklers shall not be required in an line 22 accessory dwelling unit if sprinklers are not required for the line 23 primary residence.
line 24 (4) A local agency may require owner occupancy for either the line 25 primary dwelling or the accessory dwelling unit on a single-family line 26 lot, subject to the requirements of paragraph (6) of subdivision (a). line 27 (5) A local agency shall require that a rental of the accessory line 28 dwelling unit created pursuant to this subdi vision be for a term line 29 longer than 30 days.
line 30 (6) A local agency may require, as part of the application for a line 31 permit to create an accessory dwelling unit connected to an onsite line 32 wastewater treatment system, a percolation test completed within line 33 the last five years, or, if the percolation test has been recertified, line 34 within the last 10 years.
line 35 (7) Notwithstanding subdivision (c) and paragraph (1) a local line 36 agency that has adopted an ordinance by July 1, 2018, pro viding line 37 for the appro val of accessory dwelling units in multif amily line 38 dwelling structures shall ministerially consider a permit application line 39 to construct an accessory dwelling unit that is described in line 40 paragraph (1), and may impose standards including, but not limited 97 AB 916 — 41 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 to, design, development, and historic standards on said accessory line 2 dwelling units. These standards shall not include requirements on line 3 minimum lot size.
line 4 (f) (1) Fees charged for the construction of accessory dwelling line 5 units shall be determined in accordance with Chapter 5 line 6 (commencing with Section 66000) and Chapter 7 (commencing line 7 with Section 66012).
line 8 (2) An accessory dwelling unit shall not be considered by a line 9 local agency, special district, or w ater corporation to be a ne w line 10 residential use for purposes of calculating connection fees or line 11 capacity charges for utilities, including w ater and sewer service, line 12 unless the accessory dwelling unit w as constructed with a ne w line 13 single-family dwelling.
line 14 (3) (A) A local agenc y, special district, or w ater corporation line 15 shall not impose an y impact fee upon the de velopment of an line 16 accessory dwelling unit less than 750 square feet. Any impact fees line 17 charged for an accessory dwelling unit of 750 square feet or more line 18 shall be charged proportionately in relation to the square footage line 19 of the primary dwelling unit.
line 20 (B) For purposes of this paragraph, “impact fee” has the same line 21 meaning as the term “fee” is defined in subdivision (b) of Section line 22 66000, except that it also includes fees specified in Section 66477. line 23 “Impact fee” does not include an y connection fee or capacity line 24 charge char ged by a local agenc y, special district, or w ater line 25 corporation.
line 26 (4) For an accessory dwelling unit described in subparagraph line 27 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 28 district, or w ater corporation shall not require the applicant to line 29 install a ne w or separate utility connection directly between the line 30 accessory dwelling unit and the utility or impose a related line 31 connection fee or capacity charge, unless the accessory dwelling line 32 unit was constructed with a new single-family dwelling. line 33 (5) For an accessory dwelling unit that is not described in line 34 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 35 agency, special district, or w ater corporation may require a ne w line 36 or separate utility connection directly between the accessory line 37 dwelling unit and the utility . Consistent with Section 66013, the line 38 connection may be subject to a connection fee or capacity charge line 39 that shall be proportionate to the burden of the proposed accessory line 40 dwelling unit, based upon either its square feet or the number of 97 — 42 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 its drainage fixture unit (DFU) values, as defined in the Uniform line 2 Plumbing Code adopted and published by the International line 3 Association of Plumbing and Mechanical Officials, upon the water line 4 or sewer system. This fee or charge shall not exceed the reasonable line 5 cost of providing this service.
line 6 (g) This section does not limit the authority of local agencies line 7 to adopt less restricti ve requirements for the creation of an line 8 accessory dwelling unit.
line 9 (h) (1) A local agenc y shall submit a cop y of the ordinance line 10 adopted pursuant to subdivision (a) to the Department of Housing line 11 and Community Development within 60 days after adoption. After line 12 adoption of an ordinance, the department may submit written line 13 findings to the local agency as to whether the ordinance complies line 14 with this section.
line 15 (2) (A) If the department finds that the local agency’s ordinance line 16 does not comply with this section, the department shall notify the line 17 local agency and shall provide the local agency with a reasonable line 18 time, no longer than 30 days, to respond to the findings before line 19 taking any other action authorized by this section. line 20 (B) The local agency shall consider the findings made by the line 21 department pursuant to subparagraph (A) and shall do one of the line 22 following:
line 23 (i) Amend the ordinance to comply with this section. line 24 (ii) Adopt the ordinance without changes. The local agenc y line 25 shall include findings in its resolution adopting the ordinance that line 26 explain the reasons the local agenc y believes that the ordinance line 27 complies with this section despite the findings of the department. line 28 (3) (A) If the local agenc y does not amend its ordinance in line 29 response to the department’s findings or does not adopt a resolution line 30 with findings explaining the reason the ordinance complies with line 31 this section and addressing the department’ s findings, the line 32 department shall notify the local agenc y and may notify the line 33 Attorney General that the local agency is in violation of state law. line 34 (B) Before notifying the Attorney General that the local agency line 35 is in violation of state law, the department may consider whether line 36 a local agency adopted an ordinance in compliance with this section line 37 between January 1, 2017, and January 1, 2020.
line 38 (i) The department may re view, adopt, amend, or repeal line 39 guidelines to implement uniform standards or criteria that line 40 supplement or clarify the terms, references, and standards set forth 97 AB 916 — 43 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 in this section. The guidelines adopted pursuant to this subdivision line 2 are not subject to Chapter 3.5 (commencing with Section 11340) line 3 of Part 1 of Division 3 of Title 2.
line 4 (j) As used in this section, the following terms mean:
line 5 (1) “Accessory dwelling unit” means an attached or a detached line 6 residential dwelling unit that provides complete independent living line 7 facilities for one or more persons and is located on a lot with a line 8 proposed or existing primary residence. It shall include permanent line 9 provisions for living, sleeping, eating, cooking, and sanitation on line 10 the same parcel as the single-family or multifamily dwelling is or line 11 will be situated. An accessory dwelling unit also includes the line 12 following:
line 13 (A) An efficiency unit.
line 14 (B) A manufactured home, as defined in Section 18007 of the line 15 Health and Safety Code.
line 16 (2) “Accessory structure” means a structure that is accessory line 17 and incidental to a dwelling located on the same lot. line 18 (3) “Efficiency unit” has the same meaning as defined in Section line 19 17958.1 of the Health and Safety Code.
line 20 (4) “Living area” means the interior habitable area of a dwelling line 21 unit, including basements and attics, but does not include a garage line 22 or any accessory structure.
line 23 (5) “Local agency” means a city , county, or city and county , line 24 whether general law or chartered.
line 25 (6) “Nonconforming zoning condition” means a ph ysical line 26 improvement on a property that does not conform with to current line 27 zoning standards.
line 28 (7) “Passageway” means a pathw ay that is unobstructed line 29 unobstructed, clear to the sky sky, and extends from a street to one line 30 entrance of the accessory dwelling unit.
line 31 (8) “Proposed dwelling” means a dwelling that is the subject of line 32 a permit application and that meets the requirements for permitting. line 33 (9) “Public transit” means a location, including, but not limited line 34 to, a bus stop or train station, where the public may access buses, line 35 trains, subways, and other forms of transportation that charge set line 36 fares, run on fixed routes, and are available to the public. line 37 (10) “Tandem parking” means that tw o or more automobiles line 38 are parked on a dri veway or in an y other location on a lot, lined line 39 up behind one another.
97 — 44 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1 (k) A local agency shall not issue a certificate of occupancy for line 2 an accessory dwelling unit before the local agenc y issues a line 3 certificate of occupancy for the primary dwelling. line 4 (l) Nothing in this section shall be construed to supersede or in line 5 any way alter or lessen the effect or application of the California line 6 Coastal Act of 1976 (Di vision 20 (commencing with Section line 7 30000) of the Public Resources Code), e xcept that the local line 8 government shall not be required to hold public hearings for coastal line 9 development permit applications for accessory dwelling units. line 10 (m) A local agency may count an accessory dwelling unit for line 11 purposes of identifying adequate sites for housing, as specified in line 12 subdivision (a) of Section 65583.1, subject to authorization by the line 13 department and compliance with this division.
line 14 (n) In enforcing b uilding standards pursuant to Article 1 line 15 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 16 Division 13 of the Health and Safety Code for an accessory line 17 dwelling unit described in paragraph (1) or (2) belo w, a local line 18 agency, upon request of an o wner of an accessory dwelling unit line 19 for a delay in enforcement, shall delay enforcement of a building line 20 standard, subject to compliance with Section 17980.12 of the line 21 Health and Safety Code:
line 22 (1) The accessory dwelling unit w as b uilt before January 1, line 23 2020.
line 24 (2) The accessory dwelling unit w as built on or after January line 25 1, 2020, in a local jurisdiction that, at the time the accessory line 26 dwelling unit w as built, had a noncompliant accessory dwelling line 27 unit ordinance, b ut the ordinance is compliant at the time the line 28 request is made.
line 29 (o) This section shall become operative on January 1, 2025. line 30 SEC. 4. No reimbursement is required by this act pursuant to line 31 Section 6 of Article XIIIB of the California Constitution because line 32 a local agency or school district has the authority to le vy service line 33 charges, fees, or assessments sufficient to pay for the program or line 34 level of service mandated by this act, within the meaning of Section line 35 17556 of the Government Code.
97 AB 916 — 45 —
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS) line 1
line 2 REVISIONS:
line 3 Heading—Line 1.
line 4
O
97 — 46 — AB 916
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Communication: ASSEMBLY BILL 916 TEXT (ITEM 3 ASSEMBLY BILL 916: ACCESSORY DWELLING UNITS)
Legislative Committee – January 24, 2022
Assembly Bill 1501 – Planning and Zoning: Housing Development: Very Low and Lower Income Households
1 Recommendation
Legislative Committee recommend the City Council adopt an “oppose” position regarding Assembly Bill 1501.
Summary
Authored by Assembly Member Miguel Santiago (D-53-Los Angeles), Assembly Bill 1501 requires the Department of Housing and Community Development (HCD) to complete a local government’s Regional Housing Need Assessment (RHNA), if the local government is located within the Southern California Association of Governments (SCAG) region and fails to complete the zoning for very-low and lower-income households, one year after the local government becomes subject to their RHNA Cycle provisions.
RHNA is mandated by State Housing Law as part of a periodic process of updating local housing elements of the General Plan. The zoning and planning process quantifies the need for housing within each jurisdiction during specified planning periods for extremely low, very low, low-, and moderate-income households. Local governments use RHNA in land use planning and zoning, prioritizing local resource allocations, and deciding how to address identified existing and future housing needs resulting from forecasted population, employment, and household growth.
The City of Santa Clarita (City) has not experienced any setbacks in the RHNA process that has resulted in a delayed or incomplete RHNA submission to HCD. However, as regional and local RHNA measures are modified in each cycle and potentially resulting in significant changes to RHNA measures in each income category, legislation to permanently require HCD to preempt local zoning if RHNA deadlines are not met may result in further weakening of local land use discretion and authority.
The recommendation to oppose Assembly Bill 1501 is consistent with the City of Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.”
Supporters
Unknown
Opponents
Unknown
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Communication: ASSEMBLY BILL 1501: PLANNING AND ZONING: HOUSING DEVELOPMENT: VERY LOW AND LOWER INCOME HOUSEHOLDS 2 Bill Status
Assembly Bill 1501 was introduced on February 19, 2021, and referred to the Assembly Committee on Housing and Community Development on January 4, 2022. This bill has not been scheduled for a hearing at the time this report was developed.
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Communication: ASSEMBLY BILL 1501: PLANNING AND ZONING: HOUSING DEVELOPMENT: VERY LOW AND LOWER INCOME HOUSEHOLDS AMENDED IN ASSEMBLY JANUARY 3, 2022
AMENDED IN ASSEMBLY MARCH 25, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1501
Introduced by Assembly Member Santiago
February 19, 2021
An act to add Sections 65583.5 and 65589.10 to the Go vernment Code, relating to housing.
legislative counsel’s digest
AB 1501, as amended, Santiago. Planning and zoning: housing development: very low and lower income households.
(1) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensi ve, long-term general plan for the physical development of the county or city, and specified land outside boundaries, that includes, among other mandatory elements, a housing element. Existing law requires that the housing element include, among other things, an inventory of land suitable and available for residential development.
Existing law requires the Department of Housing and Community Development, in consultation with each council of go vernments, to determine each re gion’s e xisting and projected housing need, and requires each council of governments, or the department for cities and counties without a council of go vernments, to adopt a final re gional housing need plan that allocates a share of the re gional housing need to each city, county, or city and county , as provided. If the in ventory of sites included in a housing element as described abo ve does not identify adequate sites to accommodate the need for groups of all
97 Packet Pg. 58
Communication: ASSEMBLY BILL 1501 TEXT (ITEM 4 ASSEMBLY BILL 1501: PLANNING AND ZONING: HOUSING DEVELOPMENT: VERY LOW household income levels pursuant to the allocation of regional housing need, existing law requires that the local government rezone sites within specified deadlines, as provided.
This bill, if specified local go vernments within the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura fail to complete this rezoning to accommodate 100% of the need for housing for very low and lower income households allocated pursuant to Section 65584 as described abo ve within one year of the statutory deadline for that rezoning, w ould require the department to complete that rezoning on behalf of the local go vernment within one year after the local go vernment becomes subject to these pro visions. The bill would r equire the department to consider r ezoning input fr om the applicable local government and would prohibit any rezoning by the department under these pro visions from requiring or causing displacement of residential tenants or the demolition or alteration of any occupied residential property . The bill w ould require a local government for which the department completes a rezoning under the bill’s provisions to amend its housing element and zoning ordinances as necessary to accommodate that rezoning.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura.
(2) Existing law provides various reforms and incentives to facilitate and e xpedite the construction of af fordable housing, as pro vided.
Existing law, for award cycles commenced after July 1, 2021, a wards a city, county, or city and county, that has adopted a housing element determined by the Department of Housing and Community Development to be in substantial compliance with specified provisions of the Planning and Zoning La w and that has been designated by the department as prohousing based upon their adoption of prohousing local policies, as specified, additional points in the scoring of program applications for housing and infrastructure programs pursuant to guidelines adopted by the department, as provided.
This bill would require state that local governments are encouraged to continue to use all necessary incenti ves and streamlining benefits made available under any other law to ensure that the local government meets its share of the re gional housing need for e xtremely low, very low, and lower income households, allocated as described abo ve. The bill would prohibit the use of incentives and streamlining benefits under these provisions from requiring or causing displacement of residential 97 — 2 — AB 1501
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Communication: ASSEMBLY BILL 1501 TEXT (ITEM 4 ASSEMBLY BILL 1501: PLANNING AND ZONING: HOUSING DEVELOPMENT: VERY LOW tenants or the demolition or alteration of an y occupied residential property.
(3) This bill w ould state the intent of the Le gislature to amend its provisions to include labor-related requirements.
(4)
(3) This bill w ould include findings that changes proposed by the bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (5)
(4) By adding to the duties of local planning officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares the following:
line 2 (a) California’s housing needs have far outpaced existing stock line 3 as well as planned development and construction, which has only line 4 worsened the state’s affordability and homelessness crises. line 5 (b) The overcrowding rate within the area represented by the line 6 Southern California Association of Governments (SCAG) is 10.11 line 7 percent, 6.76 percent higher than the national a verage. SCAG’s line 8 cost burden rate is 69.88 percent for lo wer income households, line 9 and 18.65 percent for higher income households, 10.88 percent line 10 and 8.70 percent higher than the national a verage respectively. line 11 Further, the regional housing need allocation (RHNA) for the fifth line 12 revision of the housing element for the SCAG region was impacted line 13 by the recession and was significantly lower than SCAG’s RHNA line 14 for the fourth cycle.
line 15 (c) The County of Los Angeles, for example, has produced less line 16 than 3,000 af fordable units annually on a verage, f ar belo w its line 17 goals. This has led to over half a million lowincome low-income line 18 renters in the County of Los Angeles not ha ving access to an line 19 affordable home. Given these conditions, it is not surprising that 97 AB 1501 — 3 —
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Communication: ASSEMBLY BILL 1501 TEXT (ITEM 4 ASSEMBLY BILL 1501: PLANNING AND ZONING: HOUSING DEVELOPMENT: VERY LOW line 1 the homeless count in the County of Los Angeles went from 58,936 line 2 in 2019 to 66,436 in 2020, a 13 percent 13-percent increase. line 3 (d) On October 15, 2019, the Department of Housing and line 4 Community Development issued its final re gional housing need line 5 assessment determination to SCA G, concluding that the re gion line 6 needs to construct 1,341,827 housing units over the next decade. line 7 (e) The final determination further called for 558,603 units, or line 8 41.6 percent of the total number of units, to be extremely low, very line 9 low, or lowincome low-income housing. This is more than triple line 10 the RHNA for the SCAG region during the 2014–2021 2014–21 line 11 compliance period.
line 12 (f) The RHNA process is ultimately a requirement that each line 13 region in this state, including the SCAG region, zone sufficiently line 14 in order for these homes to have the potential to be built, but it is line 15 not a requirement or guarantee that these homes will be built. line 16 (g) Local go vernments mak e plans to accommodate their line 17 affordable housing units, b ut too often f ail to rezone and follo w line 18 through with building much needed housing that accommodates line 19 low income low-income households, leading to the shortage of line 20 affordable housing we see in California today.
line 21 (h) Therefore, it is the intent of the Le gislature that the line 22 determination made by the Department of Housing and Community line 23 Development to build sufficient housing units that serve extremely line 24 low, v ery lo w, and lo wincome low-income households is line 25 successfully accomplished in the SCAG region.
line 26 (i) It is further the intent of the Le gislature that the southern line 27 California region provide more affordable housing units to people line 28 who are lo wincome low income to ensure we pre vent further line 29 homelessness.
line 30 SEC. 2. Section 65583.5 is added to the Government Code, to line 31 read:
line 32 65583.5. (a) Notwithstanding an y other la w, if a local line 33 government described in subdi vision (b) f ails to complete the line 34 rezoning required by subparagraph (A) of paragraph (1) of line 35 subdivision (c) of Section 65583 to accommodate 100 percent of line 36 the need for housing for v ery low and lower income households line 37 allocated pursuant to Section 65584 within one year of the statutory line 38 deadline for that rezoning, the department shall complete that line 39 rezoning on behalf of the local government within one year after line 40 the local government becomes subject to this section. 97 — 4 — AB 1501
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Communication: ASSEMBLY BILL 1501 TEXT (ITEM 4 ASSEMBLY BILL 1501: PLANNING AND ZONING: HOUSING DEVELOPMENT: VERY LOW line 1 (b) This section shall only apply with respect to the follo wing line 2 local governments:
line 3 (1) The following counties:
line 4 (A) The County of Imperial.
line 5 (B) The County of Los Angeles.
line 6 (C) The County of Orange.
line 7 (D) The County of Riverside.
line 8 (E) The County of San Bernardino.
line 9 (F) The County of Ventura.
line 10 (2) Any city located within the geographic area of the counties line 11 described in paragraph (1).
line 12 (c) In carrying out any r ezoning required by this section, the line 13 department shall consider rezoning input from the applicable local line 14 government for which the department is completing the rezoning line 15 before finalizing the rezoning plan.
line 16 (c)
line 17 (d) Any rezoning by the department pursuant to this section line 18 shall not require or cause displacement of residential tenants or line 19 the demolition or alteration of any occupied residential property. line 20 (d)
line 21 (e) A local go vernment for which the department completes line 22 rezoning pursuant to this section shall amend its housing element line 23 and zoning ordinances as necessary to accommodate the line 24 department’s rezoning. Amendment of a housing element or zoning line 25 ordinances pursuant to this subdivision shall be a ministerial duty line 26 of the local government.
line 27 SEC. 3. Section 65589.10 is added to the Government Code, line 28 to read:
line 29 65589.10. (a) All local go vernments shall ar e her eby line 30 encouraged to continue to use all necessary incenti ves and line 31 streamlining benefits made a vailable under an y other la w, line 32 including, but not limited to, the streamlined, ministerial approval line 33 process pro vided in Section 65913.4, the Density Bonus La w line 34 (Section 65915), and the Housing Accountability Act (Section line 35 65589.5), to ensure that the local go vernment meets its share of line 36 the regional housing need for extremely low, very low, and lower line 37 income households allocated pursuant to Section 65584. line 38 (b) The use of incentives and streamlining benefits pursuant to line 39 this section shall not require or cause displacement of residential 97 AB 1501 — 5 —
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Communication: ASSEMBLY BILL 1501 TEXT (ITEM 4 ASSEMBLY BILL 1501: PLANNING AND ZONING: HOUSING DEVELOPMENT: VERY LOW line 1 tenants or the demolition or alteration of any occupied residential line 2 property.
line 3 SEC. 4. It is the intent of the Le gislature to amend this act to line 4 include necessary labor-related requirements to ensure adequate line 5 worker protections.
line 6 SEC. 5.
line 7 SEC. 4. The Legislature finds and declares that ensuring the line 8 adequate production of affordable housing is a matter of statewide line 9 concern and is not a municipal affair as that term is used in Section line 10 5 of Article XI of the California Constitution. Therefore, Sections line 11 2 and 3 of this act adding Sections 65583.5 and 65589.10 of the line 12 Government Code apply to all cities, including charter cities. line 13 SEC. 6.
line 14 SEC. 5. The Legislature finds and declares that a special statute line 15 is necessary and that a general statute cannot be made applicable line 16 within the meaning of Section 16 of Article IV of the California line 17 Constitution because of the unique circumstances within the line 18 Counties of Imperial, Los Angeles, Orange, Ri verside, San line 19 Bernardino, and Ventura relating to the development of affordable line 20 housing, as described in Section 1 of this act. line 21 SEC. 7.
line 22 SEC. 6. No reimbursement is required by this act pursuant to line 23 Section 6 of Article XIIIB of the California Constitution because line 24 a local agency or school district has the authority to le vy service line 25 charges, fees, or assessments sufficient to pay for the program or line 26 level of service mandated by this act, within the meaning of Section line 27 17556 of the Government Code.
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Communication: ASSEMBLY BILL 1501 TEXT (ITEM 4 ASSEMBLY BILL 1501: PLANNING AND ZONING: HOUSING DEVELOPMENT: VERY LOW
Legislative Committee – January 24, 2022
Assembly Bill 1597 – Shoplifting: Increased Penalties for Prior Crimes 1 Recommendation
Legislative Committee recommend the City Council adopt a “support” position regarding Assembly Bill 1597.
Summary
Authored by Assembly Member Marie Waldron (R-75-Escondido), Assembly Bill 1597 reinstates prosecutorial authority to charge someone with a felony and imprisonment of up to three years, if they have been previously convicted three or more times of petty theft, shoplifting, grant theft, burglary, auto theft, robbery, elder financial abuse, or knowingly receiving stolen property. This provision of state law was originally repealed with the passage of Proposition 47 (2014).
Upon passage by the state legislature and approval by the Governor, this amendment to Proposition 47 (2014) is to be placed on the general election ballot on November 8, 2022, and requires a majority vote for final approval.
Proposition 47 (2014), titled, “The Safe Neighborhoods and Schools Act,” was approved by voters (59.6 percent – 40.4 percent) on November 4, 2014, and went into effect on November 5, 2014. At the City level, the measure failed with 47.19 percent in favor and 52.81 against.
Proposition 47 (2014) reduced penalties for certain nonserious and nonviolent property and drug offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor, to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be charged as burglary, instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted as a felony and sentenced up to three years in prison.
With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a fine up to $1,000.
According to the California Department of Justice, larceny-theft increased by approximately 10.7 percent and shoplifting increased by approximately 11.7 percent statewide a year after Proposition 47 (2014) went into effect. Similarly, in Los Angeles County, larceny-theft increased by approximately 10.3 percent and shoplifting increased by approximately 10.9 percent over that same period of time.
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Communication: ASSEMBLY BILL 1597: SHOPLIFTING: INCREASED PENALTIES FOR PRIOR CRIMES (ITEM 5 ASSEMBLY BILL 1597:
2 Coupled with Special Directives issued by Los Angeles County District Attorney George Gascon, including the elimination of pretrial bail for misdemeanor, non-serious felony, and non- violent felony charges and automatically declining or dismissing several misdemeanor charges, repeat offenders, which can be used as an indicator to measure how recently adopted policies have impacted public safety, make up a significant portion of arrests in the Santa Clarita Valley.
Specifically, repeat offenders were over a third of all arrests made by the Santa Clarita Valley Sheriff’s Station in 2021. To provide greater detail on the severity of repeat offenders, two individuals have been arrested more than 20 times and over 35 individuals have been arrested 10 or more times since March 2020 by the Santa Clarita Valley Sheriff’s Station.
The recommendation to support Assembly Bill 1597 is consistent with the City of Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”
Supporters
Unknown
Opponents
Unknown
Bill Status
Assembly Bill 1597 was introduced on January 3, 2022, and referred to the Assembly Committee on Public Safety on January 14, 2022. This bill may be heard in committee beginning on February 3, 2022.
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Communication: ASSEMBLY BILL 1597: SHOPLIFTING: INCREASED PENALTIES FOR PRIOR CRIMES (ITEM 5 ASSEMBLY BILL 1597:
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1597
Introduced by Assembly Member Waldron
January 3, 2022
An act to amend Sections 459.5, 490.2, and 666 of the Penal Code, relating to crime, and calling an election, to take effect immediately. legislative counsel’s digest
AB 1597, as introduced, Waldron. Shoplifting: increased penalties for prior crimes.
The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as appro ved by the electors at the November 4, 2014, state wide general election, mak es the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor , with certain e xceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during re gular hours, where the v alue of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor.
Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior con viction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years.
This bill w ould reinstate a pro vision of la w that w as repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in
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Communication: ASSEMBLY BILL 1597 TEXT (ITEM 5 ASSEMBLY BILL 1597: SHOPLIFTING: INCREASED PENALTIES FOR PRIOR CRIMES) a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or se xual prior of fenses applicable to a person whose prior or current con viction is for shoplifting.
This bill w ould call a special election to be consolidated with the November 8, 2022, statewide general election. This bill would require the Secretary of State to submit the pro visions of the bill that amend the initiative statute to the electors for their approval at the November 8, 2022, consolidated election.
This bill would declare that it is to take effect immediately as an act calling an election.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a) Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment with intent to commit line 5 larceny while that establishment is open during re gular business line 6 hours, where the value of the property that is taken or intended to line 7 be taken does not e xceed nine hundred fifty dollars ($950). Any line 8 other entry into a commercial establishment with intent to commit line 9 larceny is b urglary. Shoplifting shall be punished as a line 10 misdemeanor, except that a as follows:
line 11 (1) A person with one or more prior convictions for an offense line 12 specified in clause (i v) of subparagraph (C) of paragraph (2) of line 13 subdivision (e) of Section 667 or for an of fense requiring line 14 registration pursuant to subdi vision (c) of Section 290 may be line 15 punished pursuant to subdivision (h) of Section 1170. line 16 (2) A person who meets the requirements of subdivision (a) or line 17 (b) of Section 666 may be punished pursuant to that section. line 18 (b) Any act of shoplifting as defined in subdivision (a) shall be line 19 charged as shoplifting. No A person who is charged with shoplifting line 20 may not also be char ged with b urglary or theft of the same line 21 property.
line 22 SEC. 2. Section 490.2 of the Penal Code is amended to read:
99 — 2 — AB 1597
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Communication: ASSEMBLY BILL 1597 TEXT (ITEM 5 ASSEMBLY BILL 1597: SHOPLIFTING: INCREASED PENALTIES FOR PRIOR CRIMES) line 1 490.2. (a) Notwithstanding Section 487 or any other provision line 2 of law defining grand theft, obtaining any property by theft where line 3 the value of the money, labor, real or personal property taken does line 4 not exceed nine hundred fifty dollars ($950) shall be considered line 5 petty theft and shall be punished as a misdemeanor , except that line 6 such as follows:
line 7 (1) A person may instead be punished pursuant to subdi vision line 8 (h) of Section 1170 if that person has one or more prior convictions line 9 for an of fense specified in clause (i v) of subparagraph (C) of line 10 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 11 requiring registration pursuant to subdivision (c) of Section 290. line 12 (2) A person who meets the requirements of subdivision (a) or line 13 (b) of Section 666 may be punished pursuant to that section. line 14 (b) This section shall not be applicable does not apply to any line 15 theft that may be char ged as an infraction pursuant to an y other line 16 provision of law.
line 17 (c) This section shall does not apply to theft of a firearm. line 18 SEC. 3. Section 666 of the Penal Code is amended to read:
line 19 666. (a) Notwithstanding Section 490, e very per son who, line 20 having been con victed thr ee or mor e times of petty theft, line 21 shoplifting, grand theft, a conviction pursuant to subdivision (d) line 22 or (e) of Section 368, auto theft under Section 10851 of the Vehicle line 23 Code, b urglary, carjac king, r obbery, or a felony con viction of line 24 Section 496 and having served a term ther eof in any penal line 25 institution or having been imprisoned ther ein as a condition of line 26 probation for that of fense, and who is subsequently con victed of line 27 petty theft or shoplifting is punishable by imprisonment in a county line 28 jail not e xceeding one year , or imprisonment pur suant to line 29 subdivision (h) of Section 1170.
line 30 (b) (1) Notwithstanding Section 490, any person described in line 31 subdivision (b) paragraph (2) who, having been convicted of petty line 32 theft, shoplifting, grand theft, a conviction pursuant to subdivision line 33 (d) or (e) of Section 368, auto theft under Section 10851 of the line 34 Vehicle Code, burglary, carjacking, robbery, or a felony violation line 35 of Section 496, and having served a term of imprisonment therefor line 36 in any penal institution or ha ving been imprisoned therein as a line 37 condition of probation for that of fense, and who is subsequently line 38 convicted of petty theft, theft or shoplifting , is punishable by line 39 imprisonment in the county jail not exceeding one year, or in the line 40 state prison.
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Communication: ASSEMBLY BILL 1597 TEXT (ITEM 5 ASSEMBLY BILL 1597: SHOPLIFTING: INCREASED PENALTIES FOR PRIOR CRIMES) line 1 (b) Subdivision (a)
line 2 (2) Paragraph (1) shall apply to any person who is required to line 3 register pursuant to the Sex Offender Registration Act, or who has line 4 a prior violent or serious felony conviction, as specified in clause line 5 (iv) of subparagraph (C) of paragraph (2) of subdi vision (e) of line 6 Section 667, or has a conviction pursuant to subdivision (d) or (e) line 7 of Section 368.
line 8 (c) This section shall not be construed to preclude prosecution line 9 or punishment pursuant to subdi visions (b) to (i), inclusi ve, of line 10 Section 667, or Section 1170.12.
line 11 SEC. 4. (a) Sections 1, 2, and 3 of this act amend the Safe line 12 Neighborhoods and Schools Act, Proposition 47, an initiati ve line 13 statute, and shall become ef fective only when submitted to and line 14 approved by the voters at a statewide election. line 15 (b) A special election is hereby called, to be held throughout line 16 the state on No vember 8, 2022, for appro val by the v oters of line 17 Sections 1, 2, and 3 of this act. The special election shall be line 18 consolidated with the statewide general election to be held on that line 19 date. The consolidated election shall be held and conducted in all line 20 respects as if there were only one election, and only one form of line 21 ballot shall be used.
line 22 (c) Notwithstanding the requirements of Sections 9040, 9043, line 23 9044, 9061, 9082, and 9094 of the Elections Code, or an y other line 24 law, the Secretary of State shall submit Sections 1, 2, and 3 of this line 25 act to the v oters for their appro val at the No vember 8, 2022, line 26 statewide general election.
line 27 SEC. 5. This act calls an election within the meaning of Article line 28 IV of the California Constitution and shall go into immediate effect.
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Communication: ASSEMBLY BILL 1597 TEXT (ITEM 5 ASSEMBLY BILL 1597: SHOPLIFTING: INCREASED PENALTIES FOR PRIOR CRIMES)
Legislative Committee – January 24, 2022
Assembly Bill 1599 – Proposition 47: Repeal
1 Recommendation
Legislative Committee recommend the City Council adopt a “support” position regarding Assembly Bill 1599.
Summary
Authored by Assembly Member Kevin Kiley (R-6-Rocklin), Assembly Bill 1599 repeals Proposition 47 (2014), except for provisions related to reducing the penalty for possession of concentrated cannabis.
Upon passage by the state legislature and approval by the Governor, this repeal to Proposition 47 (2014) is to be placed on the general election ballot on November 8, 2022, and requires a majority vote for final approval.
Proposition 47 (2014), titled, “The Safe Neighborhoods and Schools Act,” was approved by voters (59.6 percent – 40.4 percent) on November 4, 2014, and went into effect on November 5, 2014. At the City level, the measure failed with 47.19 percent in favor and 52.81 against.
Proposition 47 (2014) reduced penalties for certain nonserious and nonviolent property and drug offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor, to misdemeanors. The measure excluded certain offenders who have committed certain severe crimes listed in the measure—including murder and certain sex and gun crimes. Specifically, the measure reduced the penalties for the following crimes:
• Grand Theft: Under previous state law, theft of property worth $950 or less was charged as petty theft, which is a misdemeanor or an infraction. However, such crimes could sometimes be charged as grand theft and prosecuted as a felony, if the crime involved the theft of certain property, such as a car, or if the offender had previously committed certain theft-related crimes. A felony conviction for Grand Theft is a sentence of up to three years in state prison.
With the approval of Proposition 47 (2014), such crimes can no longer be charged as grand theft, or potentially a felony, solely because of the type of property involved or because the defendant had previously committed certain theft-related crimes and instead can only be charged as a misdemeanor, which is up to one year in county jail and/or a fine up to $1,000.
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Communication: ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) 2 • Shoplifting: Under previous state law, shoplifting property worth $950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be charged as burglary, instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted as a felony and sentenced up to three years in state prison.
With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a fine up to $1,000.
• Receiving Stolen Property: Under previous state law, individuals charged with receiving stolen property could be convicted of a felony and sentenced to up to three years in state prison.
With the approval of Proposition 47 (2014), receiving stolen property worth $950 or less is a misdemeanor and up to one year in county jail and/or a fine up to $1,000.
• Writing Bad Checks: Under previous state law, writing a bad check was generally a misdemeanor. However, if the check was worth more than $450, or if the offender had previously committed a crime related to forgery, it could be prosecuted as a felony and sentenced to up to three years in state prison.
With the approval of Proposition 47 (2014), it is a misdemeanor and sentenced to up to one year in a county jail and/or a fine up to $1,000 to write a bad check unless the check is worth more than $950 or the offender has previously committed three forgery related crimes, in which case the offense could be prosecuted as a felony.
• Check Forgery: Under previous state law, forging a check of any amount could be prosecuted as a felony.
With the approval of Proposition 47 (2014), forging a check worth $950 or less is a misdemeanor, except that it could be charged as a felony if the offender commits identity theft in connection with forging a check.
• Drug Possession: Under previous state law, possession for personal use of most illegal drugs (such as cocaine or heroin) could be prosecuted as a felony and sentenced to up to three years in state prison, depending on the amount and type of drug.
With the approval of Proposition 47 (2014), drug possession is a misdemeanor, regardless of the type of drug and punishable of up to one year in a county jail and/or a fine up to $1,000.
According to the California Department of Justice, violent crimes increased by approximately 40 percent and property crimes increased by approximately 14 percent statewide from when the measure took effect in 2014 to 2017. Similarly, in Los Angeles County, violent crimes increased by approximately 18 percent and property crimes increased by approximately 4 percent over that same period of time.
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Communication: ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) 3 Coupled with Special Directives issued by Los Angeles County District Attorney George Gascon, including the elimination of pretrial bail for misdemeanor, non-serious felony, and non- violent felony charges and automatically declining or dismissing several misdemeanor charges, repeat offenders, which can be used as an indicator to measure how recently adopted policies have impacted public safety, make up a significant portion of arrests in the Santa Clarita Valley.
Specifically, repeat offenders were over a third of all arrests made by the Santa Clarita Valley Sheriff’s Station in 2021. To provide greater detail on the severity of repeat offenders, two individuals have been arrested more than 20 times and over 35 individuals have been arrested 10 or more times since March 2020 by the Santa Clarita Valley Sheriff’s Station.
The recommendation to support Assembly Bill 1597 is consistent with the City of Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”
Supporters
Unknown
Opponents
Unknown
Bill Status
Assembly Bill 1599 was introduced on January 3, 2022, and referred to the Assembly Committee on Public Safety on January 14, 2022. This bill may be heard in committee beginning on February 3, 2022.
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Communication: ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) california legislature—2021–22 regular session
ASSEMBLY BILL No. 1599
Introduced by Assembly Members Kiley, Gallagher, and Patterson (Coauthors: Assembly Members Choi, Davies, Flora, Lackey, Nguyen, Seyarto, Smith, and Waldron)
(Coauthors: Senators Jones, Melendez, Nielsen, and Wilk) January 3, 2022
An act to repeal Chapter 33 (commencing with Section 7599) of Division 7 of Title 1 of the Government Code, to amend Sections 11350 and 11377 of the Health and Safety Code, and to amend Sections 473, 476a, 496, and 666 of, and to repeal Sections 459.5, 490.2, and 1170.18 of, the Penal Code, relating to crimes.
legislative counsel’s digest
AB 1599, as introduced, Kiley. Proposition 47: repeal.
The Safe Neighborhoods and Schools Act, enacted as an initiati ve statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, made v arious changes relating to theft and the possession of controlled substances, including by, among other things, generally reducing the penalty for those crimes, including reducing the penalty for possession of concentrated cannabis, establishing a procedure by which individuals convicted of those crimes prior to the passage of the act may petition for resentencing under the act, and creating the crime of shoplifting. The act also requires the Director of Finance to calculate the sa vings accruing to the state as a result of the implementation of the act and requires the Controller to transfer that sum from the General Fund to the Safe Neighborhoods and Schools Fund, which was created by the act. The act specifies the
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) manner of distribution of those funds and the purposes for which they may be used.
This bill would repeal the changes and additions made by Proposition 47, e xcept those related to reducing the penalty for possession of concentrated cannabis. This bill w ould provide that it w ould become effective only upon approval of the voters, and would provide for the submission of this measure to the v oters for appro val at the ne xt statewide general election.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 33 (commencing with Section 7599) of line 2 Division 7 of Title 1 of the Government Code is repealed. line 3 SEC. 2. Section 11350 of the Health and Safety Code is line 4 amended to read:
line 5 11350. (a) Except as otherwise provided in this division, every line 6 person who possesses (1) an y controlled substance specified in line 7 subdivision (b), (c), (e), (b) or (c), or paragraph (1) of subdivision line 8 (f) of Section 11054, specified in paragraph (14), (15), or (20) of line 9 subdivision (d) of Section 11054, or specified in subdi vision (b) line 10 or (c) of Section 11055, or specified in subdivision (h) of Section line 11 11056, or (2) any controlled substance classified in Schedule III, line 12 IV, or V which is a narcotic drug, unless upon the written line 13 prescription of a ph ysician, dentist, podiatrist, or v eterinarian line 14 licensed to practice in this state, shall be punished by imprisonment line 15 in a county jail for not more than one year, except that such person line 16 shall instead be punished pursuant to subdi vision (h) of Section line 17 1170 of the Penal Code if that person has one or more prior line 18 convictions for an offense specified in clause (iv) of subparagraph line 19 (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal line 20 Code or for an of fense requiring re gistration pursuant to line 21 subdivision (c) of Section 290 of the Penal Code. line 22 (b) Except as otherwise provided in this division, every person line 23 who possesses any contr olled substance specified in subdivision line 24 (e) of Section 11054 shall be punished by imprisonment in a county line 25 jail for not more than one year, or pursuant to subdivision (h) of line 26 Section 1170 of the Penal Code.
line 27 (b)
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 (c) Except as otherwise pro vided in this di vision, whenever a line 2 person who possesses any of the controlled substances specified line 3 in subdivision (a), (a) or (b), the judge may , in addition to an y line 4 punishment provided for pursuant to subdivision (a), assess against line 5 that person a fine not to exceed seventy dollars ($70) with proceeds line 6 of this fine to be used in accordance with Section 1463.23 of the line 7 Penal Code. The court shall, however, take into consideration the line 8 defendant’s ability to pay , and no defendant shall be denied line 9 probation because of his or her their inability to pay the fine line 10 permitted under this subdivision.
line 11 (c)
line 12 (d) Except in unusual cases in which it w ould not serv e the line 13 interest of justice to do so, whene ver a court grants probation line 14 pursuant to a felon y conviction under this section, in addition to line 15 any other conditions of probation which may be imposed, the line 16 following conditions of probation shall be ordered:
line 17 (1) For a first offense under this section, a fine of at least one line 18 thousand dollars ($1,000) or community service. line 19 (2) For a second or subsequent of fense under this section, a line 20 fine of at least two thousand dollars ($2,000) or community service. line 21 (3) If a defendant does not have the ability to pay the minimum line 22 fines specified in paragraphs (1) and (2), community service shall line 23 be ordered in lieu of the fine.
line 24 (d)
line 25 (e) It is not unla wful for a person other than the prescription line 26 holder to possess a controlled substance described in subdivision line 27 (a) if both of the following apply:
line 28 (1) The possession of the controlled substance is at the direction line 29 or with the express authorization of the prescription holder. line 30 (2) The sole intent of the possessor is to deliver the prescription line 31 to the prescription holder for its prescribed use or to discard the line 32 substance in a lawful manner.
line 33 (e)
line 34 (f) This section does not permit the use of a controlled substance line 35 by a person other than the prescription holder or permit the line 36 distribution or sale of a controlled substance that is otherwise line 37 inconsistent with the prescription.
line 38 SEC. 3. Section 11377 of the Health and Safety Code is line 39 amended to read:
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 11377. (a) Except as authorized by la w and as otherwise line 2 provided in subdi vision (b) or Section 11375, or in Article 7 line 3 (commencing with Section 4211) of Chapter 9 of Di vision 2 of line 4 the Business and Professions Code, e very person who possesses line 5 any controlled substance which is (1) classified in Schedule III, line 6 IV, or V, and which is not a narcotic drug, (2) specified in line 7 subdivision (d) of Section 11054, e xcept paragraphs (13), (14), line 8 (15), and (20) of subdi vision (d), (3) specified in paragraph (11) line 9 of subdivision (c) of Section 11056, (4) specified in paragraph (2) line 10 or (3) of subdi vision (f) of Section 11054, or (5) specified in line 11 subdivision (d), (e), or (f) of Section 11055, unless upon the line 12 prescription of a ph ysician, dentist, podiatrist, or v eterinarian, line 13 licensed to practice in this state, shall be punished by imprisonment line 14 in a county jail for a period of not more than one year, except that line 15 such person may instead be punished pursuant to subdivision (h) line 16 of Section 1170 of the Penal Code if that person has one or more line 17 prior con victions for an of fense specified in clause (i v) of line 18 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 19 667 of the Penal Code or for an of fense requiring re gistration line 20 pursuant to subdivision (c) of Section 290 of the or pursuant to line 21 subdivision (h) of Section 1170 of the Penal Code. line 22 (b) (1) Any person who violates subdivision (a) by unlawfully line 23 possessing a controlled substance specified in subdivision (f) of line 24 Section 11056, and who has not pr eviously been con victed of a line 25 violation involving a controlled substance specified in subdivision line 26 (f) of Section 11056, is guilty of a misdemeanor. line 27 (2) Any per son who violates subdivision (a) by unlawfully line 28 possessing a controlled substance specified in subdivision (g) of line 29 Section 11056 is guilty of a misdemeanor.
line 30 (3) Any per son who violates subdivision (a) by unlawfully line 31 possessing a controlled substance specified in par agraph (7) or line 32 (8) of subdivision (d) of Section 11055 is guilty of a misdemeanor. line 33 (4) Any per son who violates subdivision (a) by unlawfully line 34 possessing a contr olled substance specified in par agraph (8) of line 35 subdivision (f) of Section 11057 is guilty of a misdemeanor. line 36 (b) The
line 37 (c) In addition to any fine assessed under subdivision (b), the line 38 judge may assess a fine not to exceed seventy dollars ($70) against line 39 any person who violates subdivision (a), with the proceeds of this line 40 fine to be used in accordance with Section 1463.23 of the Penal 99 — 4 — AB 1599
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 Code. The court shall, ho wever, tak e into consideration the line 2 defendant’s ability to pay , and no defendant shall be denied line 3 probation because of his or her their inability to pay the fine line 4 permitted under this subdivision.
line 5 (c)
line 6 (d) It is not unla wful for a person other than the prescription line 7 holder to possess a controlled substance described in subdivision line 8 (a) if both of the following apply:
line 9 (1) The possession of the controlled substance is at the direction line 10 or with the express authorization of the prescription holder. line 11 (2) The sole intent of the possessor is to deliver the prescription line 12 to the prescription holder for its prescribed use or to discard the line 13 substance in a lawful manner.
line 14 (d)
line 15 (e) This section does not permit the use of a controlled substance line 16 by a person other than the prescription holder or permit the line 17 distribution or sale of a controlled substance that is otherwise line 18 inconsistent with the prescription.
line 19 SEC. 4. Section 459.5 of the Penal Code is repealed. line 20 459.5. (a) Notwithstanding Section 459, shoplifting is defined line 21 as entering a commercial establishment with intent to commit line 22 larceny while that establishment is open during re gular business line 23 hours, where the value of the property that is taken or intended to line 24 be taken does not e xceed nine hundred fifty dollars ($950). Any line 25 other entry into a commercial establishment with intent to commit line 26 larceny is b urglary. Shoplifting shall be punished as a line 27 misdemeanor, e xcept that a person with one or more prior line 28 convictions for an offense specified in clause (iv) of subparagraph line 29 (C) of paragraph (2) of subdi vision (e) of Section 667 or for an line 30 offense requiring registration pursuant to subdivision (c) of Section line 31 290 may be punished pursuant to subdivision (h) of Section 1170. line 32 (b) Any act of shoplifting as defined in subdivision (a) shall be line 33 charged as shoplifting. No person who is charged with shoplifting line 34 may also be charged with burglary or theft of the same property. line 35 SEC. 5. Section 473 of the Penal Code is amended to read:
line 36 473. (a) Forgery is punishable by imprisonment in a county line 37 jail for not more than one year , or by imprisonment pursuant to line 38 subdivision (h) of Section 1170.
line 39 (b) Notwithstanding subdivision (a), any person who is guilty line 40 of forgery relating to a check, bond, bank bill, note, cashier’s check, 99 AB 1599 — 5 —
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 traveler’s check, or mone y order, where the v alue of the check, line 2 bond, bank bill, note, cashier’s check, traveler’s check, or money line 3 order does not exceed nine hundred fifty dollars ($950), shall be line 4 punishable by imprisonment in a county jail for not more than one line 5 year, except that such person may instead be punished pursuant line 6 to subdivision (h) of Section 1170 if that person has one or more line 7 prior con victions for an of fense specified in clause (i v) of line 8 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 9 667 or for an offense requiring registration pursuant to subdivision line 10 (c) of Section 290. This subdivision shall not be applicable to any line 11 person who is convicted both of for gery and of identity theft, as line 12 defined in Section 530.5.
line 13 SEC. 6. Section 476a of the Penal Code is amended to read:
line 14 476a. (a) Any person who, for himself or herself, themselves, line 15 as the agent or representati ve of another , or as an officer of a line 16 corporation, willfully, with intent to defraud, mak es or draws or line 17 utters or delivers a check, draft, or order upon a bank or depositary, line 18 a person, a firm, or a corporation, for the payment of mone y, line 19 knowing at the time of that making, drawing, uttering, or delivering line 20 that the maker or drawer or the corporation has not sufficient funds line 21 in, or credit with the bank or depositary , person, firm, or line 22 corporation, for the payment of that check, draft, or order and all line 23 other checks, drafts, or orders upon funds then outstanding, in full line 24 upon its presentation, although no express representation is made line 25 with reference thereto, is punishable by imprisonment in a county line 26 jail for not more than one year , or pursuant to subdi vision (h) of line 27 Section 1170.
line 28 (b) However, if the total amount of all checks, drafts, or orders line 29 that the defendant is char ged with and con victed of making, line 30 drawing, or uttering does not e xceed nine hundred fifty dollars line 31 ($950), four hundred fifty dollars ($450), the offense is punishable line 32 only by imprisonment in the county jail for not more than one year, line 33 except that such person may instead be punished pursuant to line 34 subdivision (h) of Section 1170 if that person has one or more line 35 prior con victions for an of fense specified in clause (i v) of line 36 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 37 667 or for an offense requiring registration pursuant to subdivision line 38 (c) of Section 290. year. This subdivision shall not be applicable line 39 if the defendant has pre viously been convicted of three or more line 40 violations a violation of Section 470, 475, or 476, or of this section, 99 — 6 — AB 1599
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 or of the crime of petty theft in a case in which defendant’s offense line 2 was a violation also of Section 470, 475, or 476 or of this section line 3 or if the defendant has pre viously been convicted of any offense line 4 under the laws of any other state or of the United States which, if line 5 committed in this state, would have been punishable as a violation line 6 of Section 470, 475 or 476 or of this section or if he the defendant line 7 has been so convicted of the crime of petty theft in a case in which, line 8 if defendant’s offense had been committed in this state, it w ould line 9 have been a violation also of Section 470, 475, or 476, or of this line 10 section.
line 11 (c) Where the check, draft, or order is protested on the ground line 12 of insufficiency of funds or credit, the notice of protest shall be line 13 admissible as proof of presentation, nonpayment, and protest and line 14 shall be presumpti ve evidence of kno wledge of insufficienc y of line 15 funds or credit with the bank or depositary , person, firm, or line 16 corporation.
line 17 (d) In any prosecution under this section involving two or more line 18 checks, drafts, or orders, it shall constitute prima f acie evidence line 19 of the identity of the dra wer of a check, draft, or order if both of line 20 the following occur:
line 21 (1) When the payee accepts the check, draft, or order from the line 22 drawer, he or she the payee obtains from the drawer the following line 23 information: name and residence of the drawer, business or mailing line 24 address, either a v alid driver’s license number or Department of line 25 Motor Vehicles identification card number, and the drawer’s home line 26 or work phone number or place of employment. That information line 27 may be recorded on the check, draft, or order itself or may be line 28 retained on file by the payee and referred to on the check, draft, line 29 or order by identifying number or other similar means. line 30 (2) The person recei ving the check, draft, or order witnesses line 31 the drawer’s signature or endorsement, and, as e vidence of that, line 32 initials the check, draft, or order at the time of receipt. line 33 (e) The word “credit” as used herein shall be construed to mean line 34 an arrangement or understanding with the bank or depositary , line 35 person, firm, or corporation for the payment of a check, draft, or line 36 order.
line 37 (f) If any of the preceding paragraphs, or parts thereof, shall be line 38 found unconstitutional or in valid, the remainder of this section line 39 shall not thereby be invalidated, but shall remain in full force and line 40 effect.
99 AB 1599 — 7 —
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 (g) A sherif f’s department, police department, or other la w line 2 enforcement agenc y may collect a fee from the defendant for line 3 investigation, collection, and processing of checks referred to their line 4 agency for in vestigation of alle ged violations of this section or line 5 Section 476.
line 6 (h) The amount of the fee shall not exceed twenty-five dollars line 7 ($25) for each bad check, in addition to the amount of an y bank line 8 charges incurred by the victim as a result of the alle ged offense. line 9 If the sherif f’s department, police department, or other la w line 10 enforcement agency collects a fee for bank char ges incurred by line 11 the victim pursuant to this section, that fee shall be paid to the line 12 victim for any bank fees the victim may have been assessed. In no line 13 event shall reimbursement of the bank charge to the victim pursuant line 14 to this section exceed ten dollars ($10) per check. line 15 SEC. 7. Section 490.2 of the Penal Code is repealed. line 16 490.2. (a) Notwithstanding Section 487 or any other provision line 17 of law defining grand theft, obtaining any property by theft where line 18 the value of the money, labor, real or personal property taken does line 19 not exceed nine hundred fifty dollars ($950) shall be considered line 20 petty theft and shall be punished as a misdemeanor , except that line 21 such person may instead be punished pursuant to subdivision (h) line 22 of Section 1170 if that person has one or more prior con victions line 23 for an of fense specified in clause (i v) of subparagraph (C) of line 24 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 25 requiring registration pursuant to subdivision (c) of Section 290. line 26 (b) This section shall not be applicable to any theft that may be line 27 charged as an infraction pursuant to any other provision of law. line 28 (c) This section shall not apply to theft of a firearm. line 29 SEC. 8. Section 496 of the Penal Code is amended to read:
line 30 496. (a) Every person who buys or receives any property that line 31 has been stolen or that has been obtained in an y manner line 32 constituting theft or extortion, knowing the property to be so stolen line 33 or obtained, or who conceals, sells, withholds, or aids in line 34 concealing, selling, or withholding any property from the owner, line 35 knowing the property to be so stolen or obtained, shall be punished line 36 by imprisonment in a county jail for not more than one year , or line 37 imprisonment pursuant to subdi vision (h) of Section 1170. line 38 However, if the district attorney or the grand jury determines that line 39 this action would be in the interests of justice, the district attorney line 40 or the gr and jury, as the case may be , may if the v alue of the 99 — 8 — AB 1599
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 property does not exceed nine hundred fifty dollars ($950), specify line 2 in the accusatory pleading that the offense shall be a misdemeanor, line 3 punishable only by imprisonment in a county jail not e xceeding line 4 one year, if such person has no prior con victions for an of fense line 5 specified in clause (i v) of subparagraph (C) of paragraph (2) of line 6 subdivision (e) of Section 667 or for an of fense requiring line 7 registration pursuant to subdivision (c) of Section 290. year. line 8 A principal in the actual theft of the property may be convicted line 9 pursuant to this section. Ho wever, no person may be con victed line 10 both pursuant to this section and of the theft of the same property. line 11 (b) Every swap meet vendor, as defined in Section 21661 of the line 12 Business and Professions Code, and every person whose principal line 13 business is dealing in, or collecting, merchandise or personal line 14 property, and e very agent, emplo yee, or representati ve of that line 15 person, who buys or receives any property of a value in excess of line 16 nine hundred fifty dollars ($950) that has been stolen or obtained line 17 in any manner constituting theft or extortion, under circumstances line 18 that should cause the person, agent, emplo yee, or representative line 19 to make reasonable inquiry to ascertain that the person from whom line 20 the property was bought or received had the legal right to sell or line 21 deliver it, without making a reasonable inquiry, shall be punished line 22 by imprisonment in a county jail for not more than one year , or line 23 imprisonment pursuant to subdivision (h) of Section 1170. line 24 Every swap meet v endor, as defined in Section 21661 of the line 25 Business and Professions Code, and every person whose principal line 26 business is dealing in, or collecting, merchandise or personal line 27 property, and e very agent, emplo yee, or representati ve of that line 28 person, who b uys or recei ves an y property of a v alue of nine line 29 hundred fifty dollars ($950) or less that has been stolen or obtained line 30 in any manner constituting theft or extortion, under circumstances line 31 that should cause the person, agent, emplo yee, or representative line 32 to make reasonable inquiry to ascertain that the person from whom line 33 the property was bought or received had the legal right to sell or line 34 deliver it, without making a reasonable inquiry, shall be guilty of line 35 a misdemeanor.
line 36 (c) Any person who has been injured by a violation of line 37 subdivision (a) or (b) may bring an action for three times the line 38 amount of actual damages, if any, sustained by the plaintiff, costs line 39 of suit, and reasonable attorney’s fees.
99 AB 1599 — 9 —
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 (d) Notwithstanding Section 664, an y attempt to commit an y line 2 act prohibited by this section, e xcept an offense specified in the line 3 accusatory pleading as a misdemeanor , is punishable by line 4 imprisonment in a county jail for not more than one year , or by line 5 imprisonment pursuant to subdivision (h) of Section 1170. line 6 SEC. 9. Section 666 of the Penal Code is amended to read:
line 7 666. (a) Notwithstanding Section 490, e very per son who, line 8 having been con victed three or mor e times of petty theft, gr and line 9 theft, a con viction pursuant to subdivision (d) or (e) of Section line 10 368, auto theft under Section 10851 of the Vehicle Code, burglary, line 11 carjacking, robbery, or a felony violation of Section 496 and having line 12 served a term ther efor in any penal institution or having been line 13 imprisoned therein as a condition of pr obation for that of fense, line 14 and who is subsequently convicted of petty theft, is punishable by line 15 imprisonment in a county jail not e xceeding one year , or line 16 imprisonment pursuant to subdivision (h) of Section 1170. line 17 (a)
line 18 (b) Notwithstanding Section 490, an y person described in line 19 subdivision (b) paragraph (1) who, having been convicted of petty line 20 theft, grand theft, a con viction pursuant to subdi vision (d) or (e) line 21 of Section 368, auto theft under Section 10851 of the Vehicle line 22 Code, burglary, carjacking, robbery, or a felony violation of Section line 23 496, and ha ving served a term of imprisonment therefor in an y line 24 penal institution or having been imprisoned therein as a condition line 25 of probation for that of fense, and who is subsequently con victed line 26 of petty theft, is punishable by imprisonment in the county jail not line 27 exceeding one year, or in the state prison.
line 28 (b) Subdivision (a) shall
line 29 (1) This subdivision shall apply to any person who is required line 30 to register pursuant to the Sex Offender Registration Act, or who line 31 has a prior violent violent or serious felony conviction, as specified line 32 in clause (iv) of subparagraph (C) of paragraph (2) of subdivision line 33 (e) of Section 667, or has a conviction pursuant to subdivision (d) line 34 or (e) of Section 368. subdivision (c) of Section 667.5 or line 35 subdivision (c) of Section 1192.7.
line 36 (c)
line 37 (2) This section subdivision shall not be construed to preclude line 38 prosecution or punishment pursuant to subdi visions (b) to (i), line 39 inclusive, of Section 667, or Section 1170.12.
line 40 SEC. 10. Section 1170.18 of the Penal Code is repealed. 99 — 10 — AB 1599
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 1170.18. (a) A person who, on November 5, 2014, was serving line 2 a sentence for a con viction, whether by trial or plea, of a felon y line 3 or felonies who would have been guilty of a misdemeanor under line 4 the act that added this section (“this act”) had this act been in effect line 5 at the time of the of fense may petition for a recall of sentence line 6 before the trial court that entered the judgment of con viction in line 7 his or her case to request resentencing in accordance with Sections line 8 11350, 11357, or 11377 of the Health and Safety Code, or Section line 9 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those line 10 sections have been amended or added by this act. line 11 (b) Upon receiving a petition under subdi vision (a), the court line 12 shall determine whether the petitioner satisfies the criteria in line 13 subdivision (a). If the petitioner satisfies the criteria in subdivision line 14 (a), the petitioner’ s felon y sentence shall be recalled and the line 15 petitioner resentenced to a misdemeanor pursuant to Sections line 16 11350, 11357, or 11377 of the Health and Safety Code, or Section line 17 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those line 18 sections have been amended or added by this act, unless the court, line 19 in its discretion, determines that resentencing the petitioner would line 20 pose an unreasonable risk of danger to public safety. In exercising line 21 its discretion, the court may consider all of the following:
line 22 (1) The petitioner’s criminal conviction history, including the line 23 type of crimes committed, the extent of injury to victims, the length line 24 of prior prison commitments, and the remoteness of the crimes. line 25 (2) The petitioner’ s disciplinary record and record of line 26 rehabilitation while incarcerated.
line 27 (3) Any other e vidence the court, within its discretion, line 28 determines to be rele vant in deciding whether a ne w sentence line 29 would result in an unreasonable risk of danger to public safety. line 30 (c) As used throughout this code, “unreasonable risk of danger line 31 to public safety” means an unreasonable risk that the petitioner line 32 will commit a ne w violent felon y within the meaning of clause line 33 (iv) of subparagraph (C) of paragraph (2) of subdi vision (e) of line 34 Section 667.
line 35 (d) A person who is resentenced pursuant to subdi vision (b) line 36 shall be given credit for time served and shall be subject to parole line 37 for one year follo wing completion of his or her sentence, unless line 38 the court, in its discretion, as part of its resentencing order, releases line 39 the person from parole. The person is subject to parole supervision line 40 by the Department of Corrections and Rehabilitation pursuant to 99 AB 1599 — 11 —
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 Section 3000.08 and the jurisdiction of the court in the county in line 2 which the parolee is released or resides, or in which an alle ged line 3 violation of supervision has occurred, for the purpose of hearing line 4 petitions to revoke parole and impose a term of custody. line 5 (e) Resentencing pursuant to this section shall not result in the line 6 imposition of a term longer than the original sentence. line 7 (f) A person who has completed his or her sentence for a line 8 conviction, whether by trial or plea, of a felon y or felonies who line 9 would have been guilty of a misdemeanor under this act had this line 10 act been in effect at the time of the offense, may file an application line 11 before the trial court that entered the judgment of con viction in line 12 his or her case to ha ve the felon y con viction or con victions line 13 designated as misdemeanors.
line 14 (g) If the application satisfies the criteria in subdivision (f), the line 15 court shall designate the felon y of fense or of fenses as a line 16 misdemeanor.
line 17 (h) Unless the applicant requests a hearing, a hearing is not line 18 necessary to grant or deny an application filed under subdivision line 19 (f).
line 20 (i) This section does not apply to a person who has one or more line 21 prior con victions for an of fense specified in clause (i v) of line 22 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 23 667 or for an offense requiring registration pursuant to subdivision line 24 (c) of Section 290.
line 25 (j) Except as specified in subdi vision (p), a petition or line 26 application under this section shall be filed on or before November line 27 4, 2022, or at a later date upon showing of good cause. line 28 (k) A felony conviction that is recalled and resentenced under line 29 subdivision (b) or designated as a misdemeanor under subdivision line 30 (g) shall be considered a misdemeanor for all purposes, except that line 31 resentencing shall not permit that person to own, possess, or have line 32 in his or her custody or control a firearm or pre vent his or her line 33 conviction under Chapter 2 (commencing with Section 29800) of line 34 Division 9 of Title 4 of Part 6.
line 35 (l) If the court that originally sentenced the petitioner is not line 36 available, the presiding judge shall designate another judge to rule line 37 on the petition or application.
line 38 (m) This section does not diminish or abrog ate any rights or line 39 remedies otherwise available to the petitioner or applicant. 99 — 12 — AB 1599
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL) line 1 (n) Resentencing pursuant to this section does not diminish or line 2 abrogate the finality of judgments in any case that does not come line 3 within the purview of this section.
line 4 (o) A resentencing hearing ordered under this section shall line 5 constitute a “post-conviction release proceeding” under paragraph line 6 (7) of subdivision (b) of Section 28 of Article I of the California line 7 Constitution (Marsy’s Law).
line 8 (p) (1) A person who is committed to a state hospital after being line 9 found not guilty by reason of insanity pursuant to Section 1026 line 10 may petition the court to ha ve his or her maximum term of line 11 commitment, as established by Section 1026.5, reduced to the line 12 length it would have been had the act that added this section been line 13 in effect at the time of the original determination. Both of the line 14 following conditions are required for the maximum term of line 15 commitment to be reduced.
line 16 (A) The person would have met all of the criteria for a reduction line 17 in sentence pursuant to this section had he or she been found guilty. line 18 (B) The person files the petition for a reduction of the maximum line 19 term of commitment before January 1, 2021, or on a later date line 20 upon a showing of good cause.
line 21 (2) If a petitioner’s maximum term of confinement is ordered line 22 reduced under this subdivision, the new term of confinement must line 23 provide opportunity to meet requirements provided in subdivision line 24 (b) of Section 1026.5. If a petitioner’ s ne w maximum term of line 25 confinement ordered under this section does not provide sufficient line 26 time to meet requirements provided in subdivision (b) of Section line 27 1026.5, the new maximum term of confinement may be extended, line 28 not more than 240 days from the date the petition is granted, in line 29 order to meet requirements provided in subdivision (b) of Section line 30 1026.5.
line 31 SEC. 11. Sections 1 to 10, inclusive, of this act amend the Safe line 32 Neighborhoods and Schools Act, Proposition 47, an initiati ve line 33 statute, and shall become ef fective only when submitted to and line 34 approved by the v oters. The Secretary of State shall submit line 35 Sections 1 to 10, inclusi ve, of this act for appro val by the voters line 36 at a state wide election in accordance with Section 9040 of the line 37 Elections Code.
O
99 AB 1599 — 13 —
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Communication: ASSEMBLY BILL 1599 TEXT (ITEM 6 ASSEMBLY BILL 1599: PROPOSITION 47: REPEAL)
Legislative Committee – January 24, 2022
Assembly Bill 1603 – Theft: Shoplifting: Amount
1 Recommendation
Legislative Committee recommend the City Council adopt a “support” position regarding Assembly Bill 1603.
Summary
Authored by Assembly Member Rudy Salas (D-32-Bakersfield), Assembly Bill 1603 amends Proposition 47 (2014) by reducing the threshold amount for petty theft and shoplifting from $950 to $400.
Upon passage by the state legislature and approval by the Governor, this amendment to Proposition 47 (2014) is to be placed on the general election ballot on November 8, 2022, and requires a majority vote for final approval.
Proposition 47 (2014), titled, “The Safe Neighborhoods and Schools Act,” was approved by voters (59.6 percent – 40.4 percent) on November 4, 2014, and went into effect on November 5, 2014. At the City level, the measure failed with 47.19 percent in favor and 52.81 against.
Proposition 47 (2014) reduced penalties for certain nonserious and nonviolent property and drug offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor, to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be charged as burglary, instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted as a felony and sentenced up to three years in prison.
With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a fine up to $1,000.
According to the California Department of Justice, larceny-theft increased by approximately 10.7 percent and shoplifting increased by approximately 11.7 percent statewide a year after Proposition 47 (2014) went into effect. Similarly, in Los Angeles County, larceny-theft increased by approximately 10.3 percent and shoplifting increased by approximately 10.9 percent over that same period of time.
Coupled with Special Directives issued by Los Angeles County District Attorney George Gascon, including the elimination of pretrial bail for misdemeanor, non-serious felony, and non- violent felony charges and automatically declining or dismissing several misdemeanor charges, repeat offenders, which can be used as an indicator to measure how recently adopted policies have impacted public safety, make up a significant portion of arrests in the Santa Clarita Valley.
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Communication: ASSEMBLY BILL 1603: THEFT: SHOPLIFTING: AMOUNT (ITEM 7 ASSEMBLY BILL 1603: THEFT: SHOPLIFTING: AMOUNT) 2 Specifically, repeat offenders were over a third of all arrests made by the Santa Clarita Valley Sheriff’s Station in 2021. To provide greater detail on the severity of repeat offenders, two individuals have been arrested more than 20 times and over 35 individuals have been arrested 10 or more times since March 2020 by the Santa Clarita Valley Sheriff’s Station.
The recommendation to support Assembly Bill 1603 is consistent with the City of Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”
Supporters
Unknown
Opponents
Unknown
Bill Status
Assembly Bill 1603 was introduced on January 3, 2022, and referred to the Assembly Committee on Public Safety on January 14, 2022. This bill may be heard in committee beginning on February 3, 2022.
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Communication: ASSEMBLY BILL 1603: THEFT: SHOPLIFTING: AMOUNT (ITEM 7 ASSEMBLY BILL 1603: THEFT: SHOPLIFTING: AMOUNT) california legislature—2021–22 regular session
ASSEMBLY BILL No. 1603
Introduced by Assembly Member Salas
January 3, 2022
An act to amend Sections 459.5, 487, and 490.2 of the Penal Code, relating to theft.
legislative counsel’s digest
AB 1603, as introduced, Salas. Theft: shoplifting: amount.
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as appro ved by the electors at the November 4, 2014, state wide general election, mak es the theft of money, labor, or property petty theft punishable as a misdemeanor , whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony.
Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larcen y if the v alue of the property taken does not exceed $950, to be punished as a misdemeanor.
Under existing law, entering a commercial establishment with the intent to tak e property e xceeding $950 is b urglary, punishable as a misdemeanor or a felony.
This bill w ould amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400. The bill would provide that it shall become ef fective only when submitted to, and approved by, the voters of California.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
99 Packet Pg. 88
Communication: ASSEMBLY BILL 1603 TEXT (ITEM 7 ASSEMBLY BILL 1603: THEFT: SHOPLIFTING: AMOUNT) The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a) Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment with intent to commit line 5 larceny while that establishment is open during re gular business line 6 hours, where the value of the property that is taken or intended to line 7 be taken does not e xceed nine hundred fifty dollars ($950). four line 8 hundred dollar s ($400). Any other entry into a commercial line 9 establishment with intent to commit larceny is burglary. Shoplifting line 10 shall be punished as a misdemeanor, except that a person with one line 11 or more prior convictions for an offense specified in clause (iv) of line 12 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 13 667 or for an offense requiring registration pursuant to subdivision line 14 (c) of Section 290 may be punished pursuant to subdivision (h) of line 15 Section 1170.
line 16 (b) Any act of shoplifting as defined in subdivision (a) shall be line 17 charged as shoplifting. No A person who is charged with shoplifting line 18 may shall not also be charged with burglary or theft of the same line 19 property.
line 20 SEC. 2. Section 487 of the Penal Code is amended to read:
line 21 487. Grand theft is theft committed in an y of the follo wing line 22 cases:
line 23 (a) When the money, labor, or real or personal property tak en line 24 is of a v alue exceeding nine hundred fifty dollars ($950), four line 25 hundred dollars ($400), except as provided in subdivision (b). line 26 (b) Notwithstanding subdivision (a), grand theft is committed line 27 in any of the following cases:
line 28 (1) (A) When domestic fo wls, a vocados, oli ves, citrus or line 29 deciduous fruits, other fruits, vegetables, nuts, artichokes, or other line 30 farm crops are taken of a value exceeding two hundred fifty dollars line 31 ($250).
line 32 (B) For the purposes of establishing that the value of domestic line 33 fowls, avocados, olives, citrus or deciduous fruits, other fruits, line 34 vegetables, nuts, artichok es, or other f arm crops under this line 35 paragraph exceeds tw o hundred fifty dollars ($250), that v alue line 36 may be sho wn by the presentation of credible e vidence which line 37 establishes that on the day of the theft domestic fowls, avocados, line 38 olives, citrus or deciduous fruits, other fruits, v egetables, nuts, 99 — 2 — AB 1603
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Communication: ASSEMBLY BILL 1603 TEXT (ITEM 7 ASSEMBLY BILL 1603: THEFT: SHOPLIFTING: AMOUNT) line 1 artichokes, or other f arm crops of the same v ariety and weight line 2 exceeded two hundred fifty dollars ($250) in wholesale value. line 3 (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or line 4 other aquacultural products are tak en from a commercial or line 5 research operation which is producing that product, of a v alue line 6 exceeding two hundred fifty dollars ($250).
line 7 (3) Where the money, labor, or real or personal property is taken line 8 by a servant, agent, or employee from his or her their principal or line 9 employer and aggre gates nine hundred fifty dollars ($950) four line 10 hundred dollar s ($400) or more in an y 12 consecuti ve month line 11 12-consecutive-month period.
line 12 (c) When the property is taken from the person of another. line 13 (d) When the property taken is any of the following:
line 14 (1) An automobile.
line 15 (2) A firearm.
line 16 SEC. 3. Section 490.2 of the Penal Code is amended to read:
line 17 490.2. (a) Notwithstanding Section 487 or any other provision line 18 of law defining grand theft, obtaining any property by theft where line 19 the value of the money, labor, real or personal property taken does line 20 not exceed nine hundred fifty dollars ($950) four hundred dollars line 21 ($400) shall be considered petty theft and shall be punished as a line 22 misdemeanor, except that such person may instead be punished line 23 pursuant to subdivision (h) of Section 1170 if that person has one line 24 or more prior convictions for an offense specified in clause (iv) of line 25 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 26 667 or for an offense requiring registration pursuant to subdivision line 27 (c) of Section 290.
line 28 (b) This section shall not be applicable to any theft that may be line 29 charged as an infraction pursuant to any other provision of law. line 30 (c) This section shall not apply to theft of a firearm. line 31 SEC. 4. The provisions of this bill af fect an initiative statute line 32 and shall become effective only when submitted to, and approved line 33 by, the voters of California, pursuant to subdivision (c) of Section line 34 10 of Article II of the California Constitution.
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Communication: ASSEMBLY BILL 1603 TEXT (ITEM 7 ASSEMBLY BILL 1603: THEFT: SHOPLIFTING: AMOUNT)
Legislative Committee – January 24, 2022
Senate Concurrent Resolution 5 – State of Emergency:
COVID-19: Termination
1 Recommendation
Legislative Committee recommend the City Council adopt a “support” position regarding Senate Concurrent Resolution 5.
Summary
Authored by Senator Melissa Melendez (R-28-Lake Elsinore), Senate Concurrent Resolution 5 declares the state of emergency proclaimed by the Governor on March 4, 2020, is at an end, thereby terminating the emergency powers granted to the Governor as a result of the proclamation.
State law authorizes the Governor to declare a state of emergency when conditions of disaster or extreme peril to the safety of persons or property exists and typically implemented in times when the state legislature is unable to safely and adequately operate within the constraints of the state constitution.
Since proclaiming a state of emergency in response to the COVID-19 pandemic, Governor Newsom has issued over 80 executive orders, unilaterally changing more than 200 state laws.
Approximately a third of the executive orders issued during the state of emergency have been related to public health. The remaining executive orders have been related to social services, employment protections, housing and eviction restrictions, public meetings, and education. In comparison, the Governor issued approximately 8 executive orders in 2019. The current state of emergency is scheduled to end on March 31, 2022, however, the Governor has extended the state of emergency several times since the original proclamation on March 4, 2020.
Although the state legislature expanded its spring and summer recess in 2020, due to the COVID-19 pandemic, mitigation efforts to reduce the spread of COVID-19 have been implemented, since then, by Senate and Assembly leadership to safely convene during the 2021- 22 legislative session. Temporary rule changes, including remote or proxy voting options have been used in the current legislative session by the Senate and Assembly to continue state legislative operations. The state legislature has convened for the 2022 legislative year and is responsible, under Article IV of the state constitution, to propose and pass legislation, which it did in the 2021 legislative year.
The recommendation to support Senate Concurrent Resolution 5 is consistent with the City of Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 15 under the “State” section advises that the City Council, “Support legislation, regulatory proposals, or administrative actions that end the State of Emergency related to the COVID-19 pandemic.”
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Communication: SENATE CONCURRENT RESOLUTION 5: STATE OF EMERGENCY: COVID-19: TERMINATION (ITEM 8 SENATE CONCURRENT 2 Supporters
Unknown
Opponents
Unknown
Bill Status
Senate Concurrent Resolution 5 was introduced on December 22, 2020, and referred to the Senate Governmental Organization Committee on February 10, 2021. This bill has not been scheduled for a hearing at the time this report was developed.
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Communication: SENATE CONCURRENT RESOLUTION 5: STATE OF EMERGENCY: COVID-19: TERMINATION (ITEM 8 SENATE CONCURRENT AMENDED IN SENATE FEBRUARY 2, 2021
Senate Concurrent Resolution No. 5
Introduced by Senator Melendez
(Coauthors: Senators Bates, Dahle, Grove, Jones, Nielsen, Ochoa Bogh, and Wilk)
(Coauthors: Assembly Members Megan Dahle, Gallagher, Nguyen, and Patterson)
December 22, 2020
Senate Concurrent Resolution No. 5—Relati ve to terminating the state of emergency proclaimed by the Governor on March 4, 2020. legislative counsel’s digest
SCR 5, as amended, Melendez. State of emer gency: COVID-19:
termination.
This measure, in accordance with specified la w, would declare that the state of emergency proclaimed by the Governor on March 4, 2020, is at an end, thereby terminating the emergency powers granted to the Governor as a result of that proclamation.
Fiscal committee: yes.
line 1 WHEREAS, On March 4, 2020, Go vernor Ga vin Ne wsom line 2 proclaimed a state of emergency in California to mitigate the spread line 3 of COVID-19; and
line 4 WHEREAS, Since proclaiming a state of emergency on March line 5 4, Go vernor Ne wsom has issued o ver mor e than 47 e xecutive line 6 orders, unilaterally changing 200 laws spanning most divisions of line 7 the California codes; and
line 8 WHEREAS, Section 8629 of the Go vernment Code, which is line 9 part of the California Emer gency Services Act (Chapter 7
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Communication: SENATE CONCURRENT RESOLUTION 5 TEXT (ITEM 8 SENATE CONCURRENT RESOLUTION 5: STATE OF EMERGENCY:
line 1 (commencing with Section 8550) of Di vision 1 of Title 2 of the line 2 Government Code), authorizes the State Le gislature to terminate line 3 a state of emergency “by concurrent resolution of the Legislature line 4 declaring it at an end”; and
line 5 WHEREAS, A “state of emer gency” in California is a le gal line 6 term describing not merely conditions of e xtreme peril, but also line 7 the inadequacy of state and local institutions to combat the threat line 8 within the constraints of the California Constitution; and line 9 WHEREAS, On May 17, 2020, the nonpartisan Le gislative line 10 Analyst’s Office released a report stating that the y are “v ery line 11 troubled” by the authority the Governor seeks to take away from line 12 the Legislature in the May Revision, and stated that “we urge the line 13 Legislature to jealously guard its constitutional role and authority”; line 14 and
line 15 WHEREAS, The California Emergency Services Act (Chapter line 16 7 (commencing with Section 8550) of Division 1 of Title 2 of the line 17 Government Code) (CESA) also pro vides local governments the line 18 ability to proclaim a local emer gency in response to COVID-19, line 19 which authorizes the state to pro vide “mutual aid, including line 20 personnel, equipment, and other a vailable resources, to assist line 21 political subdivisions during a local emergency or in accordance line 22 with mutual aid agreements or at the direction of the Go vernor”; line 23 and
line 24 WHEREAS, Nothing in this resolution pre vents a local line 25 jurisdiction from proclaiming a local emer gency to mitig ate the line 26 spread of COVID-19; and
line 27 WHEREAS, On November 2, 2020, the Superior Court of the line 28 County of Sutter issued a tentative ruling in the case of Gallagher line 29 and Kile y v . Ne wsom (CVCS20-0912) that found all of the line 30 following: (1) The Governor’s Executive Order N-67-20, issued line 31 on June 3, 2020, which, among other things, required all line 32 Californians registered to vote in the November 3, 2020, General line 33 Election to recei ve vote-by-mail ballots and required all county line 34 elections officials to use the Secretary of State’ s v ote-by-mail line 35 ballot tracking system and Intelligent Mail Barcodes on all line 36 vote-by-mail ballot envelopes, was not authorized by the CESA line 37 because it improperly amended existing statutory law, exceeding line 38 the Governor’s authority and violating the separation of po wers; line 39 (2) Executive Order N-67-20 was declared void and without further line 40 force or effect as an unconstitutional exercise of legislative power 98 — 2 — SCR 5
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Communication: SENATE CONCURRENT RESOLUTION 5 TEXT (ITEM 8 SENATE CONCURRENT RESOLUTION 5: STATE OF EMERGENCY:
line 1 in that the CESA does not authorize or empower the Governor to line 2 amend or make statutory law; and (3) the Governor was enjoined line 3 and prohibited from e xercising any power under the CESA that line 4 amends, alters, or changes e xisting statutory la w or mak es new line 5 statutory law or legislative policy. The final ruling was issued on line 6 November 13, 2020; and
line 7 WHEREAS, An open-ended state of emergency, with boundless line 8 powers vested in a chief executive, is incompatible with democratic line 9 government; and
line 10 WHEREAS, It is critical that a proper balance be restored line 11 between the le gislative and e xecutive branches; no w, therefore, line 12 be it
line 13 Resolved by the Senate of the State of California, the Assembly line 14 thereof concurring , That the Le gislature, in accordance with line 15 Section 8629 of the Go vernment Code, declares that the state of line 16 emergency proclaimed by Governor Gavin Newsom on March 4, line 17 2020, is at an end and that the emer gency powers granted to the line 18 Governor as a result of that proclamation are hereby terminated; line 19 and be it further
line 20 Resolved, That the Secretary of the Senate transmit copies of line 21 this resolution to the Governor of California.
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Communication: SENATE CONCURRENT RESOLUTION 5 TEXT (ITEM 8 SENATE CONCURRENT RESOLUTION 5: STATE OF EMERGENCY: